Can Creditors Garnish My Wages?
When a consumer falls behind on their bills, it often becomes difficult to get caught back up. Maybe you are a month behind on your bills, maybe you are several months behind. At a certain point, it may seem like the collection calls are getting overwhelming and the threats are becoming more common. One thing that you will not have to worry about is your wages getting garnished. This is something that takes time and you will know well in advance if a company is going to garnish your wages. Here is some information on the process of wage garnishment.
There are many deceitful collection agencies that will try to threaten the consumer with immediate wage garnishment. Yes, they can eventually garnish your wages, but only if they prevail in a lawsuit. It is not something that cannot happen right away and in fact it will take many months before a creditor will even come before a judge to ask for wage garnishment. The Fair Debt Collection Act prohibits collection agencies from threatening people with actions that are not legal.
In order to garnish your wages, a creditor must file a lawsuit in a court of law. This process of filing a lawsuit and executing a judgment costs the company time and money. This is often more time and money than a third-party collection agency or a creditor is willing to expend to collect on a debt. If a debt collector or creditor is outside your State, it will cost, but even more money to file a lawsuit and collect. In most cases, it would be far too costly for them to hire an attorney in your state and file the lawsuit in court.
Some third-party collection agencies are called “junk debt” buyers and will purchase a debt with the intention of aggressively attempting to collect on the debt. This may include filing suit. If they think they have a chance of getting any money out of you. Most of these companies know that the majority of debt they purchase is junk. Meaning, that they know that most of the debt they purchase is uncollectible. That is why if they think they can get any money out of you, they will most likely file suit. However, they rely heavily on the ignorance of consumers. Understanding your rights, specifically the Florida statutes of limitation law, will help immensely in warding off these aggressive third-party collection agencies.
If you have been contacted by an aggressive collection agency that is attempting to collect on a debt and has threatened to file a lawsuit, contact Brian Hoag. Every case is unique and it is important to have the advice of a debt collection attorney if you are facing a possible lawsuit in court. A debt harassment attorney can also help end direct contact with you by directing all phone calls to the law firm office.