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gargamel · Posted: Fri May 05, 2006 5:31 pm Subject: gerald e moore/wage garnishment

I was called about 2 wks ago about a 10 yr old Citifinace debt (it was actually Radio Shack). The guy had an old address, I gave him my new address and asked for something in writing as to the validity of the debt. 2 wks pass no letter, he said he was mailing it right out. Today a lady from Attorney Gerald Moore's law office calls. Tells me I have until May 19 to make payment or they will garnish my wages. I told her I want a letter stating how much I owe and to who. She says there is no time to mail me a letter and wait for my response. If they do garnish my wages, don't they have to get a court order first? If you dont give them your employment information, can they find it out another way??

Posted: Fri May 05, 2006 5:37 pm Subject:

Absolutely, they have to get a court order first. This is a process..If they have your ssn, they can get your employment info. Call the law office and be insistent, set up a payment plan.

Posted: Fri May 05, 2006 5:47 pm Subject:

Hi gargamel

Don't make any payment until your debt has been validated by the CA. Besides, it is a federal law to give you the requested account information in writing. You must be able to identify the credit company for which the collection agency is collecting along with the calculation of interest charges. Before you make a payment, check the SOl period in your state as this debt might be out of the Statutes depending upon the date of last payment made on this account.

Start recording the phone calls for legal use. You must check the laws in your state before you attach a recording device. Some states allow the recording done secretly whereas in other states, you might have to take the permission of both the parties.

Your wages cannot be garnished without the court orders. The company is needed to file a case with the attorney and a legal summon from the court must be sent to you 20 days before the court hearing.

Posted: Fri May 05, 2006 7:38 pm Subject:

Be very careful that they don't get a default judgement on your wages. Companies are getting really good about doing this.

Posted: Fri May 05, 2006 8:16 pm Subject:

You've been given great advice, I just want to add a reminder to get everything in writing and keep records of your conversations and any mailings you make to the companies.

Posted: Sat May 06, 2006 5:05 am Subject:

They can't garnish without a court order though, can they? I would be careful in this situation, especially with how old the debt is in this particular case. Follow the advice given in the above posts and you should be fine.

Posted: Sat May 06, 2006 12:57 pm Subject:

When you have defaulted on repaying a loan, the only way your payroll can be deducted without a court order is by a wage assignment. In a wage assignment, you give your prior permission to deduct the money from your payroll while you sign the contract. Luckily, they can be revoked, meaning, that if you don't want to pay it, wage assignment can be stopped.

In rest of the cases, you need to get court orders before any type of judgment is issued. Either, you can settle the matter with the company outside the court or you can accept the decisions made by the judge.

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gerald e moore/wage garnishment

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