Can a Collection Agency garnish your wages?

Answer 1

Only if you're employed...

Answer 2

They can only garnish your wages if both of the following apply:

1) They have received a court order based on a judgement awarded to them previously.

and

2) You live in a state where wages can be garnished (Most states in the US allow this, but some, like PA and SC, do not allow it). Check your local laws.

Note that it is a violation of the federal Fair Debt Collection Practices Act for a Collection Agency to threaten to garnish your wages if they know they are unable to, or do not intend to do so.

Answer 3

No one can garnish your wages without a court order OR without being authorized by law as an ADMINISTRATIVE arm of the government to do so--hence the reason the IRS CAN garnish. No collection agency can do it without proving their case to a judge.

Answer 4

Possibly, but first you need to determine if this is a real legal threat or if it’s a collection agency making bogus threats by pretending to be a law office.

- Per the Fair Debt Collection Act it is illegal for a collection agent to pretend to be an attorney or to insinuate that he/she is working for one when that is not the case. If they are REALLY taking legal action against you to get a judgment, you have the right under the Fair Debt Collection Act to speak with their attorney. When a collection agent threatens you with wage garnishment, tell them that per the Fair Debt Collection Act you are requesting to know the full name of their attorney and his/her license # in the state bar association and that you would like to speak with him/her. If there is REALLY an attorney there, they are obligated to provide this info and let you speak with the attorney....If they fail to do this....their threats of wage garnishment are illegal

Answer 5

If they take you to court and win a judgment, they can garnish your wages, attach your bank account, or lien your property. All of which will further damage your credit.

If you owe the money, try to work out a settlement. Be sure to get any settlement agreement in writing and don't give them access to your bank account. Lump sum or short term payment plans will get the best deals.

Answer 6

if they get a judgement against you. They could have your wages garnished.

Answer 7

no they can not - unless you owe money to the govt - back taxes or even child support they can garnish -- not for anything else like school loans or credit cards - absolutely not!

Answer 8

they sure can, but you'll be able to meet up with the attorney before the judge to set up payments