can a collection agency take money from my husbands army active duty paycheck?

Question

a collection agency called and threatened to take the paycheck money and get my husband in trouble in the army

Answer 1

Most of the answers have one or two points that I agree with. It is true that the agency can't garnish your husbands pay without a judgment and a writ of execution. It is also true that indebtedness can be punishable under the UCMJ.

Here are a few things that I either disagree with or would like to point out.

First, the collection agency is going to have a heck of a time getting any money, even if they do win a judgment. This being an official "time of war", your husband is protected under the Soldiers and Sailors Civil Relief Act.

usmilitary.about.com/cs/sscra/a/sscra.htm

Another issue is that regardless of what the agency THINKS they can do, they are still governed by the FDCPA regarding 3rd party disclosure. If they disclose anything regarding this debt to anyone in your husbands chain of command, your husband will have recourse against the agency.

Admittedly, a soldier is supposed to uphold a higher standard than the average person due to their representation of the military... but, they are still citizens, and as such protected under the same statutes and laws as their civilian counterparts.

If the agency does attempt to litigate against your husband, make full use of the services available to you through the military. Don't be afraid of the "might be's" of discipline your husband could face. In my experience, worse case scenario is that your husband would have to take some kind of finance course to appease his higher-ups.

Good Luck.

Answer 2

A couple of things, one dispute the debt, they will have to take the time to prove it is true. Next had some problems when I was young and in the Army back in the 80's so do not know if this is still relevant. My parents found out that there was a limit in the amount of interest and penalties that could be charged against an active Military person, and that theirs where above and beyond that limit, quieted them down quiet a bit. How old is the debt? If it is past the statute of limitation (varies by state but average is 4 years) even if they take it to court that defense basically shuts them down. Check into it, and as some others have advised see the local JAG office, that is why they are there. Last, as a vet, thanks to you, and your husband for keeping us all safe, his, and your service (the wives and family in a way serve also and make sacrifices) is highly appreciated. Congress needs to pass a bill to protect these family's from these ravenous bottom feeders that harass those protecting their rights and cut these soldiers some slack in these instances, and work with them not threaten thier family's, like they are not under enough stress.

Answer 3

A collection agency can take owed money from any form of monitary compensation. Most collection agencies have an attorney on retainer. They will file papers in court to attach a lein to anything of value until there account is paid. There is a limit to what they can do. Quite a bit of the time they are empty threats aimed at trying to get as much information from you so that they have the means/information to attach a lein. If you make payments on the account (whether to the original owner of the bill or to the collection agency), they have to re-file any paperwork with the court system each time the balance changes in order to attach any leins to anything. Do not trust that they cannot go after a bank account. If you have a checking account, try to keep the balance as low as you can. Use money orders instead of checks. Do NOT sign any contract that they may have for you to sign. At the time that they refuse a payment on the account, it is then considered closed and they have to literally sue for the entire amount.

Answer 4

Normally no, it takes a court order to have a wage garnishment granted. HOWEVER, your husband is in the Army and the Army values public relations so your husband's commanding officer will get in trouble.

I have heard stories of soldiers who had their checkbook taken away from them and were not allowed to spend their own money. Of course this idiot bought a new set of speakers for his stereo when his wife and kids needed food. This was an extreme case with a need for an extreme measure and I am sure that the private's platoon sergeant did not want to have to manage that man's money.

I don't know your case, but if the collection agency calls your husband's unit then YES it can cause a world of hurt to come down on his shoulders. The Army may not be able to take away his money, but his commanders can order him what to do with his money and that is just as good. If he fails to follow that order then they can hit him with an article 15 under the UCMJ (Uniform Code of Military Justice) which is non-judical punishment; that is as good as and almost as powerful as most civil courts.

Collection agencies around military bases know that if they call the person's commanding officer they will get paid because the Army prefers to have good public relations. So yes, you husband is in serious trouble if he doesn't pay off those people. Usually, though he can talk with the company that he owes money to and make arraignments to pay them off on a schedule; usually through a pay allotment. If he does it that way then they get paid automatically, before your husband receives the pay check. Have your husband offer to do that FIRST so he won't get in trouble. Don't try dealing with the debt collection agency; they won't be reasonable and they get half of all money collected. Go right to the company that your husband owes money to and deal with them. Show them that you are trying to make good on your debt and they won't get your husband's command involved.

Answer 5

I work for a collection agency and the collection agency THEMSELVES can't threaten that, but they can tell you that their client (the person you owe money to) has the right to garnish wages (depending on which state you live in... it's illegal in Texas but legal in Louisiana). If they told you that they will take money out of his paycheck themselves, you can report them or hire a lawyer. If you hire a lawyer and threaten a lawsuit they will usually pay you more than you owe.

Answer 6

If I'm not mistaken, they have to have a court order to seize funds. I've only seen government entities do it like the DA's office for child support or the IRS when you have back taxes.

As far as getting him in trouble...??? I'd say they were just threatening for the hell of it.

I know times are tough for a lot of us, but don't let those collections stick around for too long, they'll mess up your life.

Answer 7

its called garnishment. the collection agency can't do it but the person or company you owe sure can. They only have to go to court to sue and get a garnishment. As for you and your husband try to pay on this debt. You made it so take care of it. Why do people want to know how to get out of there responsibilities on here

Answer 8

I Am a 31 year US Army spouse as well as work on a major US Army post installation.....Go to (ACS)Army Community services Financial counseling and (JAG) Judge Advocate General as fast as you can get there...Get your counsel from the post Judge advocate on the post where ....you are currently stationed ...Call the collection agency and let them know you are taking all threat letters as well as playing all their threatening phone calls you have recorded for the Army judges and attorneys and once you receive counsel from them you will get back to them...Please be advised that any owed debts , bad credit, or bad credit scores can hinder your husbands Army career and also STOP him from any SERIOUS duty assignments where he is needed..The US military sees serious money problems as serious relationship problems which hinders the soldiers ability to be able to concentrate effectively on the MIssion..Therefore your husband can be held back when a crisis arises due to his bad credit and family problems while his fellow soldiers go to the locationin need of the US presence.......You need to get all this cleared up as soon as possible..These are the post resources you need to seek first!!!!Good Luck !!

Answer 9

It is a break in the UCMJ to owe money. He can be booked for it. They can't take money unless it is a debt to the government. Like taxes, or a federal funded school loan. 10 years in the collection industry here!

Answer 10

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