“Can a debt collector garnish my wages without a judgment?”
Maybe you’ve gotten a letter or a phone call from a debt collector, or maybe you’re being sued by a debt collector, and they’re threatening to garnish your wages.
The question of whether or not they can legally without a judgement against you comes up often.
There are two main questions that come to mind when this question comes up.
The first question we ask is whether or not you have a judgment against you.
If the debt collector has a judgment against you, then they can legally garnish your wages, unless your wages are low enough that you are exempt from wage garnishment.
If you don’t have a judgment against you, then our next question is whether or not this debt is some sort of federal debt.
If it’s a federal student loan, or something like it, the debt collector can go through an administration process where they can garnish your wages.
However, if we’re dealing with someone like Midland Funding, LVNV, Cavalry, etc., who are buying up credit card, medical, and car loan debt and they’re threatening to garnish you without a judgment, that’s a problem.
We want to figure out exactly what they’re saying.
Sometimes, they like to be vague in their language which can be fine for them.
But if they’re calling your phone and demanding that you pay them or they’ll garnish your wages, then they’re crossing a line.
(Assuming that they don’t have a judgment against you, and that the debt isn’t a federal debt.)
If they’re being vague, ask them what they mean. Be firm and ask them to explain how they can garnish your wages.
Pin them down and hold them to their word.
If they’ve sent you a letter and have implied/threatened to garnish your paycheck, respond to them and ask them how they can do that.
Or, you can give us a call and we can help you figure out what they’re saying.
Send us a copy of the letter, or let us know what they’ve said in those phone calls.
If they don’t have a judgment against you and they’re threatening to garnish you, they may be violating the FDCPA (Fair Debt Collection Practices Act).
This means that, instead of them taking money from you, the tables may just turn to where we sue them and they have to pay you.
If we can help you, feel free to get in touch with us!
You can reach us by phone at 1-205-879-2447, or you can fill out our contact form and we will get in touch with you quickly.
We hope this article was helpful to you!
We look forward to chatting with you.
Have a great day!