Bill Collector?

Question

Can a bill collector garnish your paycheck in the state of Fl.? I'm willing to make monthly payments, but they want more than I can pay. So I decided to send them what I can pay anyways. This bill collector is threatening to garnish my paycheck can he do that?

Answer 1

Threats are illegal scare tactics they love to use.

Before sending them any money send them a debt validation letter. Make sure that the amount they are claiming is a valid amount and not artificially inflated and also that they have the right to collect the debt.

(make sure you keep a copy of any and all letters you send out)

Send everything certified mail return receipt. (creating a papertrail goes along way in protecting your rights)

If they are reporting on your credit reports and they are reporting inaccurately, (which they more than likely are) you have a legal right to dispute the tradeline.

After you receive the green card back from sending the debt validation letter, send disputes to the credit reporting agencies for any inaccurate information they are reporting.

IF they verify the inaccuracies, that is an actionable offense which you could either file against them for or if they do happen to sue you could file counterclaims for.
(the more you have against them, the better)

IF you are out of the statute of limitations (SOL) for collecting on the debt you are not legally bound to pay. You have every legal right to send them a SOL letter which informs them the debt is time barred for collecting (and legally telling them to go away)
The SOL for collection in Fl is 4 years.

I have included a link to the Florida state gov. bills that talk about garnishment (pdf) If you are the head of household, and contribute 50% of your earnings to support a child or dependent, your wages are exempt. But you would have to make the court aware of your exemption rights.(within 20 days of the writ of garnishment)

You might also click on my profile and do some reading in the links I have provided - the FDCPA, FCRA, etc.
Learn your rights and learn how to use them

Answer 2

can they garnish? Yes, but it's not that easy.

They first have to sue you in court, win, and then get what is known as a writ of garnishment. That's basically an order from a judge to take money from your paycheck or bank account to pay the debt.

threatening to garnish without intending to do so is a violation of the fair debt collection practices act. The next time they call, ask to speak to a supervisor, and ask them if they plan on taking you to court. If they are not, tell them that you plan to file a complaint with the FL attorney general and the federal trade commission for violating FDCPA.

Answer 3

Collection agencies can't do ANYTHING without suing you. If they win a lawsuit, they can ASK the court to garnish your wages. If they are bothering to call, they are not going to sue. Collection agents make THREATS to get you to pay. They NEVER make promises. If its not in writing, its a LIE. Even if it is in writing, its probably a lie, but you can force them to live up to WRITTEN lies.