Can a Debt Collector Garnish my Wages?

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. :)

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

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?

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.)

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.

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).)

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"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

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.

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.

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

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.

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

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?

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!

NVM, I see it was cleared up.

I tried to go back and edit my post, but there had already been another post.

My thought is the CA was just trying to scare the OP with the threat of garnishment, then tired to BS them even further by telling the OP he was wrong about no garnishment in the sate of PA.

So it was pretty much an empty threat on the part of CA in order scare the debtor into paying without them validating the debt.

That's just such a rare occurrence these days. (you can't hear my voice; however, it is just dripping with sarcasm)

Ok, UnemployedRon now I am confused too!!!! They cannot garnish my wages but they can force the sale of my home and other personal property?????

The CA is counting on the consumer to go..."OMG...an unpaid debt...let me get out my checkbook" and unfortunately it works more often than not. When it doesn't work they start in with the threats knowing that 90% of Americans don't really know what they can and cannot do. They HATE IT when they find out they've contacted an educated consumer.

To Frogpatch's point:

The fact that you don't have a call on tape does not mean that it did not happen

In addition to sworn depositions, you can memorialize your conversation with the CA and send them a copy. If they fail to respond either affirming or denying the conversation took place as it is written, that can be construed as fact in a court of law. Personally though, I have not come across anyone that has done this so I'll continue to rely on the good 'ole tape recorder.... :twisted:

How can I find out exactly what my rights are?

Read the fdcpa, the FCRA and if you can wade your way thru it PA state Statutes. Also, hit www.ftc.gov good info there regarding consumer rights

One of the reason's they want to pay up asap is it's the end of the month and they work on commission :twisted:

Yeah, I've also noticed that CA's seem to "kick it up a notch" in regards to frequency of phone calls and severity of fdcpa violations during those phone calls, when it gets close to the end of the month. They have to meet those quotas or they don't get their bonus.

Nice.

Doesn't bother me any, though. I have the same amount of money to spare for CA's at the end of the month (as in ZERO) that I do at the beginning. No amount of threats, harassment, or FDCPA violations is going to make me come up with more.

In reply to the recording. It is always a good thing but not legal in many states without two party consent! My state, Florida, being one of them. LikeI said I won without it and I have two more pending. CAs will do anything to stay out of court and pay those hefty legal fees!

Denni,

For a PA resident wages cannot be garnished by a debt collector for credit card debt. There are only several circumstances in PA that wages can be garnished - primarily being defaulted education loans, child support payments, IRS debt, and divorce settlement.

If a federal court order for garnishment is placed, however, the federal order takes precedence over PA's consumer protection laws no matter what type debt it is for. It is highly unlikely though for credit card collections to reach the federal system, as small claims are handled at a level of state jurisdiction (i.e. $5,000 or less).

A PA state court can, however, garnish your bank account or force the sale of personal property. If you thinks things are reaching this limit, call for arbitration and reach an agreement before things reach court.

I have a judgment against me for breaking a lease in a complex 6 yrs ago when I lived in PA. I now live in Fla, am I right that since I am the sole provider for my two children, they are not allowed to garnish my pay? They did garnish my wages for over a year when I was working for another company. I just received another letter stating that they are going to start garnishing my pay again. My gross pay is less then $500.00 a week. So shouldn't I be exempt from having my wages garnished?

Since you are no longer a resident of PA, I beleive they would have to domesticate the judgement to FL. Here is some info on FL SOL and exemptions


You will find the Payday loan laws for FLORIDA here (just select your state),

http://www.debtconsolidationcare.com/paydayloan/explain-pdls-laws.html

Also, I would do some research into the UEFJA and FL statutes regarding collecting on foreign judgments:

http://www.cga.ct.gov/2005/pub/Chap928.htm

http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/76d28aa8f2ee03e185256aa9005d8d9a/079d4a7ab47ebb2b85257029006f2e54?OpenDocument

I need to know if they can garnish my wages in PA for a judgment issued in my home state of OH

See the post prior to your. Same conditions would apply.

my mother n law and my husband owns the house and a debt collector filed a writ of execution we gave them there property back but that wasnt good enough now they want the money for the stuff we had so now they filed a lien against our property but we have a morgage on our house were paying to the morgage company legally the morgage company owns the house till its paid for can they still touch the house...

does anyone know if they can garnish my wages for not paying off a car loan once they pick it up...i've heard both ways some say they can some say they can't does anyone have some legal knowledge to know for sure?Thanks!

Does anyone know if NC allows creditors to garnish wages if you fall short paying a car loan off and they take back the vehicle.

The repossesed vehicle is sold at a dealers auction, then you are sued for the remainder of the balance that is owed. Once the court awards a judgement against you, your wages can be garnished.

i live in pa. and work in new jersey can my wages be garnished for a judgement on credit card debt

Maybe, If you are sued and a judgement is entered against you.

[quote=susan stringer]i live in pa. and work in new jersey can my wages be garnished for a judgement on credit card debt [/quote]

This is a definite "maybe." Pennsylvania is a non-garnishment state, except for things like child support, student loans, and taxes. Your situation is complicated by the fact that you work [and your employer is located in] New Jersey. New Jersey asllows wage garnishment as follows:



Seeing as you live in PA, you'd have to be sued in that state. Normally, that would protect you from garnishment, but there may be a catch... It may be possible for the creditor to domesticate a PA judgement in NJ, and proceed that way. It's been done with Texas judgements [Texas is another non-garnishment state.]

I'm not meaning to be all doom and gloom here. But I do want you to have the 'big picture.'

Tell us a bit about your situation, why don't you? Who is the creditor, how much is the alleged debt, and when was the last time you made a charge or payment on this account. Let's see what your options are.

From Michigan...back when I didn't know what I know now. My wages were garnished for an unpaid debt left over from divorce. I had received a summons but ignored it...didn't want to get in trouble for missing work! OOPS! I really lucked out when I showed up in court to dispute the garnishment.. the CA attorney was glad to see me and settled out in the hallway of the courthouse for less than half of the original judgment. Y'know why? Some of you may not know this but, in Michigan anyway, in order to keep a garnishment going, it has to be renewed in court every three months and she didn't want to keep having to make the 3-hour trip from the other side of the state! Got the thing almost paid off!

on garishing pensions and social security checks and bank accounts with you have direct deposit this is concerning credit card debts

I was informed by mail that my CC account was cancelled and they request payment for the whole balance or call in 20 days for payment arrangement or threat to send my account to their attorney and get a judgement. I live in AZ.What should I do? I can't pay even min due now. Thanks.

No, they cannot garnish wages for that sort of debt here in PA. Making such a threat is against the fdcpa. By the way, the suggestion that you tape record them is a very bad one. That is a felony in PA if you do not have the other side's permission. PA garnishment law is discussed quite a bit on my site at URL DELETED.com

Actually recording them is a great idea. PA is a 2 party state however so you must inform them you are recording.

Only send them this notice if you live in a 2 pary state
In a 2 party state, the best way to inform a CA that the calls are recorded is send them a letter or fax asking for validation/and or to dispute the debt. In that letter/fax, slip in at the bottom that all calls to and from you are recorded.

If sending a letter, send the letter Priority Post with Delivery Confirmation (PPDC) - after delivery, print out the confirmation of delivery. If sending a fax make sure you have delivery confirmation of the fax.

I live in south carolina and I want to know if a private student loan company can garnish my wages?

In Pa wages can't be garnished for personal debt, but personal property can be seized and sold to settle the debt after a judgment is issued. An officer of the court will come to your house and ask for volantary surrender of property, or they will go thru your house and make a list of items, and then give you 30 days to come up with the cash, or surrender the listed items. My wife just went thru it in sep. It took us a little too long to arrange for repayment, but when that court official is walking thru your house picking things up, taking piuctures of them, and doing a very good inventory of your most prized collectibles, you get your hands on money fast.

my wifes employer said not to worry about a judgement for a collection because her wages were not enough. Is this true even in CA

There are clear laws that one MUST be very diligent TO DO & NOT TO DO:
1) Cut in 2-4 pieces (only) any unpaid credit CARD(s) and send it back to the credit card company. Make sure to use 'correct' address, listed on back of ur statement or in section of Ts&Cs.
(NOTE:The '/'slash= Use only ONE, ...not both, word(s), title(s), phrase(s), etc, divided by a '/' seen below.)
2) Write a letter telling company to close your account. State final total due as amount from last statement (if no $$ amt is disputed). acct #, date acct was opened, name, etc,.
3) Also state, (post sect later-in 2d eddy favs) "Under FCDCA no additional late, overlimit, finance, interest charges and/or fees are to be added, nor accrued, after (put in date mailed out, expand date-don't abbrev!)" You may, it's optional, briefly tell reason(s) you're closing acct.
4) Send 'Return Receipt Requested' with specific instructions for postperson, to have person PRINT & SIGN NAME w/title, legibly! (RRR-very small fee). Remember put Attention line on envelope and ltr: ATTN: Director/Accts Manager, Accts/ Billing Dept. YOU should KEEP 1-5 copies of letter, AND, RRR card mailed back.

VERY IMPORTANT TO ALL CONSUMERS: Whenever you answer back to a collection agency, by phone or letter, this action will put the account open date to the date you made contact with them!!!!!!!! It will restart the date past the 7 year limit that the credit agencies MUST ERASE the delinquency off your credit report, (when you request this be done when clearing/cleaning your report.) THIS is by LAW. (Unless, of course you get "official" court papers. Go to court and tell them under the RICO law you don't owe the collection company the amount and by law the creditor or a legal company representative is supposed to be present along with all your account papers as evidence/discovery, which you are entitled to see. This is done by putting in a specific motion prior to and/or during the court hearing by informing the judge.)

no,just contacting a CA does not restart the SOL clock.in fact in some states even a payment won't unless there is something in writing first.i like the rest of the post,but the SOL information is not correct.

My wages were garnish way over 50% and I live in the state of n.y and all it say on the deduction part grn01. Do any one know who these people are. I was thinking maybe my repo but never received any court order about garnishing my waged help please a.s.a.p...

If you have never received any summon, you must file a motion to vacate the judgement. Check with your county court clerk.

I would like to know if in Tennessee can your wages be garnshed? I have Global collections calling me and threating me. I was told that I will be arrested at my work !!!!
I don't know how they got my cell phone but they even call me on it. I get up to 6 calls a day from them and I keep saying the same thing due to the ecomony I haven't been getting any hours and I can't pay right now but when I get on my feet I will pay, because I know that I owe this money. I was told by one of the people that if I had an education I wouldn't be in this situation and I must be really stupid to have let myself get in this big mess. I can't cry anymore. I told them that I am really depressed and to stop being so mean to me and he replied who cares I am here to get you to pay for this debt. Help me please!!!!!!!

Have you ever received a letter of collection from them via the mail?

if you do a search upper right.that will tell you about this bottomfeeder.this place can't and won't do a thing.the guy who calls probably has a problem walking upright,so don't listen to his ravings.in the meantime i would just hang up on him.he keeps threatening the same stuff.one he can't do it,and two he suffers from issues to insult like that.don't indulge his therapy session he calls a job.again just hang up on him.that''s what he deserves.