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denni · Posted: Thu Jun 26, 2008 9:50 am Subject: Can a Debt Collector Garnish my Wages?

I live in PA and a debt collector called me and told me that if I didn't pay them $1200 by the end of the week they would take me to court and garnish my wages. I thought only the government could garnish wages? I told them I could pay them by the middle of July but they didn't care, they want it now. Obviously if I had it now my account wouldn't be with a debt collector.

Any help would be appreciated!

Posted: Thu Jun 26, 2008 9:54 am Subject:

Do they have a judgment against you? If they do, then yes, they can obtain a court order to garnish your wages. If they don't have a judgment against you, then no, they can't garnish your wages UNTIL they get one. Smile

Posted: Thu Jun 26, 2008 10:14 am Subject:

Pa.,no wage garnishment allowed except for child support or government debt.

Posted: Thu Jun 26, 2008 10:25 am Subject:

There is your answer from Bulldog. In PA no they can't. Send them a cease communication letter and a debt validation letter. Do you owe them that much or have they packed on charges? Who is the collection agency?

Posted: Thu Jun 26, 2008 10:32 am Subject:

Here's what I could pull up easily on PA exemptions:

Exemptions:
In general, a debtor may claim exemption of certain personal property from attachment or execution or forced sale for the payment of debts. The Pennsylvania Consolidated Statutes contains no provision for homestead exemption.

Pennsylvania does not permit waiver of the exemptions from attachment or execution granted by statute by the debtor by express or implied contract before or after the commencement of the matter, the entry of judgment or otherwise. (42 Pa.C.S. § 8122.) A judgment debtor generally is entitled to exemption from execution certain general monetary exemptions up to $300 in bank notes, money, securities, real property, judgments or other indebtedness due the judgment debtor. (42 Pa.C.S. § 8123.)

Particular enumerated items of personal property which may be exempt may include goods such as wearing apparel, bibles and school books, sewing machines belonging to seamstresses or used and owned by private families, but not including sewing machines kept for sale or hire, and uniforms and accouterments; qualified retirement funds and accounts, pension or annuity, insurance proceeds, social security benefits, and workers' compensation benefits. (42 Pa.C.S. § 8124.)

denni · Posted: Thu Jun 26, 2008 10:33 am Subject:

It is from a law office, Bryan K Levy in Arizona. They are stating that in PA then have every right to garnish wages but that didn't sound right to me.

Posted: Thu Jun 26, 2008 10:34 am Subject:

If they obtain a judgement, then:

Any money judgment may be enforced by writ of execution against the personal property of a judgment debtor within 20 years after the entry of the judgment (42 Pa.C.S. § 5529.) and may become a lien on the real property of a judgment debtor in any county upon the entry into the record of the office of the Clerk of the Court of Common Pleas in the county where the property is situated. (42 Pa.C.S. § 4303.) Such lien is enforceable for a period of five (5) years and may be revived prior to its expiration. (42 Pa.C.S. § 5526(1).)

Posted: Thu Jun 26, 2008 10:39 am Subject:

---------------------------------------------------------------------- ----------

"North Carolina, Texas, South Carolina and Pennsylvania, wages may not be garnished to pay consumer debt (like cerdit card debt) . Other debts, such as child support, student loans and IRS debt can be garnished. On these debts, you will receive notification before any garnishment is done."

Above is from Sui Juris

Posted: Thu Jun 26, 2008 10:43 am Subject:

PA's statutes are a mess to try and find anything but from what I can find CajunBullDog is right on the money. Suggest you get a tape recorder and see what other lies you can get out of them. That was a violation but if you didn't get it on tape, it didn't happen. PA is a 2 party state so DV the CA and add "All calls to my home are recorded and all calls to my employer are prohibited". Once they sign for your DV, you can record.

denni · Posted: Thu Jun 26, 2008 10:44 am Subject:

That is what I thought, thanks Frogpatch, that makes me feel much better. I wish they would just let me make arragements rather then want it all now.

denni · Posted: Thu Jun 26, 2008 10:46 am Subject:

Does a 2 party state mean that they have to agree to be recorded?

Posted: Thu Jun 26, 2008 10:46 am Subject: reply

that is the MO of the bottomfeeder collector,that and no physical addresses to send payment all over the phone.on your question of recording,as nascar says put that in your DV and C&D letter.put it like this.

any and all calls will be recorded,if they accept your letter and sign for it when you get the green receipt they were informed in the letter.

Posted: Thu Jun 26, 2008 10:49 am Subject:

Ah geez, sorry, no wage garnishment in Pa. What was I thinking. Confused

Posted: Thu Jun 26, 2008 10:49 am Subject:

OK, so now I'm confused (no big surprise.) So there might be others,as well as me, that might be confused by these answers.

So I'm going to try breaking it down and someone in the know correct me if I have it wrong.

In PA (Only the state of PA for this example) personal income cannot be garnished even if a judgment is received against the debtor by the CA. Unless it is a judgment for IRS debts, child suppport, or student loans.

However, if the CA does receive a judgment in their favor, they can attach liens on or force the sale of personal property of the debtor within 20 days of receiving this judgment.

Am I even in the ball-park on this interpretation?

Posted: Thu Jun 26, 2008 10:50 am Subject:

The fact that you don't have a call on tape does not mean that it did not happen. An attorney will take a deposition if necessary to use in court. If the attorney files multiple collector offenses with the court the cases are very often settled pre litigation or in court. I just won a settlement out of court with nothing on tape. Collection agencies call it the cost of doing business and know that only one in several thousand will actually sue. I just happened to be that one! They would rather settle than pay 600 dollars per hour to a law firm and still risk losing! It is a numbers game for them!

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