The Michigan Collection Law Blog reminds us, however, that there is one time in which a collector can make this statement without violating the FDCPA – when certain types of student loans are being collected. As Gary Nitzkin puts it:
I learned about the Administrative Wage Garnishment for the first time today. I understand that since this law was passed in 2003, it has been a huge success in recouping defaulted student loans. Well why shouldn’t it? After all, a collector simply has to locate a debtor’s place of employment and whammo…..he can garnish the debtor’s wages without a judgment.
But just because the debt collector may be able to legitimately threaten garnishment without a judgment, other violations of the FDCPA can still form the basis of a legitimate lawsuit to stop abusive collectors.
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