I got a call from a recovery agancy about a credit debt and they said if it isnt paid they can attach my wages. My wages are already attached for child support, I thought only the goverment could attach your wages?
2006-09-14 05:04:01 · 11 answers · asked by Lori R 1 in Business & Finance ➔ Credit
I am talking about a balance of around $1500.
2006-09-14 05:15:16 · update #1
They have to go to court to do it. They can request the court to issue an attachment order. Whether the court will do so remains to be seen. It is very uncommon for that to happen in the case of a credit card debt unless the debt is very large. The court costs are not insignificant.
Most likely it is an opening salvo in an attempt to get you to settle. Since they probably purchased the debt for less than 25%, you might be able to negotiate a settlement favorable to you of say 45% to 60% of the original debt.
2006-09-14 05:12:22 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Is there a court judgment against you?
The first thing to do is ask them to provide you with written proof and documents supporting the alleged debt. If possible make sure your request is in writing.
If there is a judgment against you, they can attach your wages. As for the child support garnishment it will receive priority over any other garnishment. But the secondary garnishment can and will be deducted also.
If you believe the debt is inaccurate seek legal counsel for advice. Or if you just want to find out more about your rights go to the legal aid society in your area for help.
Good Luck
www.impartialinc.com
NOTE: The above is not legal advice.
2006-09-14 08:08:51 · answer #2 · answered by Impartial Inc 3 · 0⤊ 0⤋
You're right. The governemnt is the ONLY people that can attach your wages HOWEVER. If the recovery agency got a court order it's possible (because the directive came from the government). But, to be quite honest I think he's blowing smoke. Unless it's like $10,000+ because it just wouldn't be worth it for them to spin thier wheels like that.
Slainte,
-D
2006-09-14 05:08:58 · answer #3 · answered by chicagodan1974 4 · 0⤊ 0⤋
Generally speaking, things like this can stay on your credit report for up to 7 years. However, each state has a "statute of limitations" indicating how many years a creditor has to "recover" debt before expiration. I think NY state has a 7 year period, but there are some states with as little as 4-5 years. You'll have to check with your state to see what the statute is.
2006-09-14 05:08:48 · answer #4 · answered by Claudia 1 · 0⤊ 0⤋
They will tell you all sorts of stuff on the phone. They might even call your neighbors. But they can't get a dime unless you give it to them. If you are very fussy about your credit score, they can screw that up. The most important thing (unless you have the $ to pay them off) is not to communicate with them at all. Change your phone number, get an unlisted number, or use an answering machine to screen all your calls. They will say NOTHING specific if they know that answering machine is recording their message.
2006-09-14 05:17:23 · answer #5 · answered by papyrusbtl 6 · 0⤊ 0⤋
Seems they waited til the last minute to try and get their money. After 7 years they cannot come after you. They are going to have to go to court and get an order to attach your wages, and I highly doubt they are going to do that for $1500. Don't believe what they tell you. Most of them are full of crap!
2006-09-14 05:38:53 · answer #6 · answered by ? 6 · 0⤊ 0⤋
if you are attached for child support, then they wont get a dime from you. if the agency got a court order, then it is valid for 20 years in NY.
2006-09-14 06:40:56 · answer #7 · answered by johnnylakis 4 · 0⤊ 0⤋
Only a court can attach wages...if they go to court and get a judgement they can,
2006-09-14 05:06:55 · answer #8 · answered by David B 6 · 1⤊ 0⤋
[ the only way they can attach your wages is to sue you and get a judgment against you and file a satisfaction of judgment and then garnish your wages....[they are only allowed to take a percentage of your wages....[i do not know what amount that would be] they also have to find your place of employment.................
2006-09-14 05:11:30 · answer #9 · answered by walterknowsall 5 · 0⤊ 0⤋
You have to watch those statures of limitation though. In some states admitting that the debt was yours can renew that stature.
2006-09-14 05:12:51 · answer #10 · answered by Akfek_Branford 4 · 0⤊ 0⤋