the collection agency is threatening to garnish my wages for a 900 bill. the thing is that im a waitress (in college) and my checks are usually zero. so how can they garnish it? unless the govt gives me another tax right? and if they can how are they goin to do it? and why are all collection agency representatives assholes? is that requirement for the job?
2006-09-19 18:31:02 · 13 answers · asked by jules 2 in Business & Finance ➔ Credit
yea well it all started out by me not having a job and having to pay the collection agency. they wanted to draft it out of my bank acct. but when it came around that time i didnt have the funds so my bank told me to just close the acct. and i called the a*hole back to tell him. so then he calls my parent's house and leaves messages. so i call him back and we get to talk. then he goes on this rampant about him trying to "help me out" before and now hes just goin to let them garnish 25% of my wages. then i ask him where do i send a money order and he tells me the info and it is to colorado. but the "law firm" he works for is in georgia. and the money order is supposed to go to COLLECT AMERICA. then he says that if i dont pay by the 28th . then they are goin to garnish my wages. the whole time he's being a total a*hole so then i end up starting to curse then he hangs up on me. do i have to pay by the 28th or is he just sayin that date? what can i do? i am goin to pay jus need some time
2006-09-19 20:51:30 · update #1
Interesting question, I wanna know the answer too.
2006-09-19 18:32:56 · answer #1 · answered by Irene 2 · 0⤊ 0⤋
Unfortunetly, yes they can.. Let's assume you are making a minium wage, and you bring home a check for the amount of $100.00 dollars,and you make tips worth lets just say an adverge of $30.00 per night, if the company you work for makes all waitress declare there tips at 8% then you have an income based on what you bring home. They will send information to the courts, and get a judgement against you and then send garnishment paper's to your employers and by law your employers will have to abide by what those court papers are requesting. And they will withdraw from your pay check a certain percentage. The unfornunate thing is that i assume you did make that bill and now your past has come back to haunt you, i would suggest you try as hard as you can to work it out with the collections people and make whatever payments that you can afford to avoid such actions taken against you, I am not saying that you have to give everything you have you just have to show good faith and start paying down the amount, before you know it you be over with it and you will never have to worry about it again. And another thing is that this can ruien your credit rating by bringing your points down, so this is something you really have to work out for your future.
And to answer your question as to why the collection people are such A--- H-----, they have to be because here in america there are tons of people who try to skip out on there debts, and those collections people are working for those people who you made that bill with and they will do everything to try and collect that debt. but there is one thing you can do is say to them is that they cannot harrass you at work or during your school hours, if they continue to do so, report them to your better business bureau or some agency of which does not allow collectors to bother you.
2006-09-20 02:05:45 · answer #2 · answered by monique_t_r 1 · 0⤊ 0⤋
Garnishments require a court order in order to execute. The court order is what is presented to the EMPLOYER who must then deduct from your wages in accordance with said order.
You would receive notice to attend this court hearing regarding potential garnishment.
Further, you need to review the prevailing laws of the state you reside (which is where the collection agency would most likely file) to determine if garnishment is even allowed.
It never hurts to call the agencies bluff and ask which state court they plan to file in so that you can attend the hearing for the wage garnishment.
They just want the money and will whisper silky words in your ear to make you hustle to get that money.
2006-09-20 02:13:43 · answer #3 · answered by DaMan 5 · 0⤊ 0⤋
They can only garnish IF there is a judgment against you. The person you owe money to would have had to have taken you to court and got a judgment against you (may have happened if you did not show up to court). If they have that they CAN garnish your wages, BUT there is a certain minimum amount of your weekly paycheck that they CANNOT get (there is a formula that varies from state to state). Generally it works out to about $150 or so a week that the can't touch and then they can garnish the rest. If you don't make that much they can't do very much other than wait. If they have a judgment they can also get the sheriff to attach (ie. take) away from you any items of value you have to settle the debt ..TV, CAR that is paid off, tools, furniture, etc.
If they don't have a judgment against you then they can't do a thing to you..YET .. but if you make no attempt to pay they WILL go out and get a judgment!
Since you DO actually owe the money you should make some attempt to pay it ..agree with them to pay a certain fixed amount you can afford and then stick to the agreement to get them off your back..
Good Luck!
2006-09-20 01:56:24 · answer #4 · answered by MeInUSA 5 · 0⤊ 0⤋
Many people get called by debt collectors threatening that if they don't pay in full now, the debt collection agency will garnish their wages (take the money right out of their paycheck). This is illegal, and a violation of Section 807 of the Federal Trade Commission (FTC) Fair Debt Collection Practices Act. Here's an excerpt that applies to them lying about your wages being garnished:
Section 807(4) prohibits falsely representing or implying to the consumer that nonpayment "will result in the arrest or imprisonment of any [53 Fed. Reg. 50106] person or the seizure, garnishment, attachment, or sale of any property or wages of any person . . ."
Whatever money they tell you that you owe, tell them to send you a written notice with all the terms and you'll pay by check.
Any legitimate collection agency will do this. Everything should be in writing. Anything verbal they tell you over the phone is false until you see it in writing.
2006-09-20 01:41:48 · answer #5 · answered by Anonymous · 0⤊ 0⤋
First of all they have to win a judgement against you. If they do win a judgement...some states allow for 25% of your check to be garnished. If you can prove to the judge that you are in financial hardship...the lower the garnishment will be.
It is a requirement to be a class A *** to be a collection rep. Ever notice when you drive by a collection agency that the windows are all tinted so you can't see who these asses are?
2006-09-20 01:42:22 · answer #6 · answered by nite_raideress 4 · 0⤊ 0⤋
I'm sure they can garnish, but I expect they would need a court order. As you say it would be of no practical value to them if your wages are zero.
It is an unpopular job, so it attracts a lot of people who are desperate for work. or people who take pleasure in giving others a hard time.
Assholes or not, my advice to you would be to take the debt seriously. Believe me, it will come back to haunt you if you don't take care of it now.
2006-09-20 01:39:12 · answer #7 · answered by Zardoz 2 · 0⤊ 0⤋
no its not a job requirement to be a jerk to work in collections. But after you deal with dead beats all day, you get that way. Even a waitress gets a check even if its less than minimum wage, so don't be suprized when they garnish your wages up to 50% of the check. It will be harder for them to stick you for your tips but you would not be the first waitress they squeezed. So pay your bill and they will go away...don't pay your bill and get used to having cold hard jaded uncaring and unfeeling jerks breathing down your neck all day and all night. It is the common practice in collections to make it easier for you to pay than for you to deal with the bill collectors. So harrasment is a key tool. Anything they can do to make your life suck they will do and your life will suck and suck and suck till you pay. Have fun.
2006-09-20 01:46:45 · answer #8 · answered by john d 3 · 0⤊ 0⤋
depends on two things
1. the state-some states allow garnishing wages--some do not
2. depends on the company doing the garnishing. They have to get legal(court) permission to garnish your wages--if the state allows garnishing.
The fact that they are threatening to garnish your wages means about as much as my saying I can fly. NADA
BUT, a good guess. If they could, they already would have. huh
2006-09-20 01:38:15 · answer #9 · answered by dulcrayon 6 · 0⤊ 0⤋
Yes I believe they can. And I believe it is a requirement to be ******* in that type of job. I would hate to have a job like that, cause I'm sure everyone that has to be hateful and tries to scare you into paying even though you don't have the money is bound to go h*ll.
2006-09-20 01:37:56 · answer #10 · answered by sweet.pjs1 5 · 0⤊ 0⤋
What they can do is take you to court and get a judgement that will affect your credit long after you have paid it off. And yes they usually hire nasty people to work there so the workers don't get suckered in by the "sob" stories no matter how real they are.
2006-09-20 01:49:58 · answer #11 · answered by NotSoTweetOne 4 · 0⤊ 0⤋