2006-12-01 06:40:55 · 6 answers · asked by johnjordan01 1 in Politics & Government ➔ Law & Ethics
i did not know about the debt i only found out since it was taken out of my check
2006-12-02 09:26:11 · update #1
i called the court and it is for something that i have no clue of and now i am being told that i have to prove that it wasnt me in order for this to stop
2006-12-02 09:27:34 · update #2
garnishment of wages is dtermined by law, and requires a judgment from a court, not a letter from a private firm.
2006-12-01 06:46:14 · answer #1 · answered by de bossy one 6 · 0⤊ 0⤋
First, the person you owe has to file a suit against you. You are then served with the summons and complaint. You have a certain time within which to file an "answer" (disputing the amount or agreeing with it) If you do not "answer" the court will enter a defalt judgment against you. After a short period of time, the person you owe can apply to the court for a wage garnishment.
As for his/her not contacting you, apparently you know you owe this debt. You cannot let it 'hang' - sooner or later the person or company you owe the money to will want to collect. If you have NOT been sued as yet, contact whomever you owe and arrange some type of payment plan.
Just remember that in order for someone to obtain a wage garnishment against you, you have to be served by a court of law. I am not a lawyer but (see below) have
2006-12-01 14:55:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No, they can't. But, have you in all honesty answered every single debt collector call that has come into your house? They may have tried to contact you, and you may have hung up on them, and that is why they are attempting to garnish your wages. I would contact them, and just be honest with them and let them know why you haven't paid your bill off and see if you can work out some kind of settlement with them. Better that then having your wages garnished because your employer can see that and that would be embarrassing. Good luck!
2006-12-01 14:51:47 · answer #3 · answered by aloneinga 5 · 0⤊ 0⤋
Varies by State. In California doing so would require a court order and the court order wouldn't be issued without he debtor being given notice of the hearing at which the collector is seeking the order.
2006-12-01 14:50:20 · answer #4 · answered by americanhistoryfan 2 · 0⤊ 0⤋
Garnishment can only be obtained after a court judgment.
Just because a debtor has not been contacted does not mean no one has attempted to do so.
2006-12-01 16:54:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
IT'S WHAT THEY DO. THEY COLLECT DEBT EVEN IF THEY DON'T SPEAK TO YOU . YOU KNOW YOUR OBLIGATIONS. PAY YOUR BILLS SO THAT YOU CAN SLEEP LONGER WITHOUT THE COLLECTOR RINGING YOUR PHONE. THEY WILL ALSO PUT A LIEN ON YOUR TAX RETURNS.
2006-12-01 14:46:41 · answer #6 · answered by strike_eagle29 6 · 0⤊ 0⤋