Child Support

[lhr5772]

What is the name of your state (only U.S. law)? Alabama

If the only income I receive right now is child support, can that be garnished? I am currently unemployed and the child support I receive every month keeps me afloat.

 

[racer72]

Child support is to be used to raise your children, it cannot be garnished.

 

[Artemis_ofthe_Hunt]

Child support is to be used to raise your children, it cannot be garnished.

However, if they attempt a bank garnishment, she will need to file for an exemption with the court based upon PROOF that is the only income she receives.

 

[lhr5772]

Thanks. I currently don't have a bank account. I cash my check at the grocery store. I think that is better sometimes.
I was wondering if they could because the debt collector, whom was very nasty kept asking me how many children I had and how much I get in child support. I never told him any info, or even acknowledged that debt because they wouldn't tell me anything about it. When I mentioned SOL they accused me of defrauding the company. All I wanted to know was when the last activity was on that accout. I asked them to send me something in writing and they refused.
I know this is an old debt because the kept calling me by my maiden name with great disgust. He all but called me a jeezabell wanting to know how many times I had been married.
This bill collector was awful. He was yelling at me and asking, "where's my money?"
I would never wish harm or hardship on anyone but I can honestly say I hope that person loses his job. I felt he was breaking all the laws and had no right to talk to me like that. Wouldn't answer any of my questions but threatened to sue. He also wouldn't tell me his name or number. The number was not on the caller ID. It said unknown.

 

[Artemis_ofthe_Hunt]

Thanks. I currently don't have a bank account. I cash my check at the grocery store. I think that is better sometimes.
I was wondering if they could because the debt collector, whom was very nasty kept asking me how many children I had and how much I get in child support. I never told him any info, or even acknowledged that debt because they wouldn't tell me anything about it. When I mentioned SOL they accused me of defrauding the company. All I wanted to know was when the last activity was on that accout. I asked them to send me something in writing and they refused.

Since you didn't acknowledge the debt, or ask for verification within 30 days of the initial contact, by default, you've by your silence HAVE acknowledged that the debt is valid.

I know this is an old debt because the kept calling me by my maiden name with great disgust. He all but called me a jeezabell wanting to know how many times I had been married.
This bill collector was awful. He was yelling at me and asking, "where's my money?"
I would never wish harm or hardship on anyone but I can honestly say I hope that person loses his job. I felt he was breaking all the laws and had no right to talk to me like that. Wouldn't answer any of my questions but threatened to sue. He also wouldn't tell me his name or number. The number was not on the caller ID. It said unknown.

Did you happen to get the name of the company? You could google it, check the validity of the licencee, and if you feel that the verbal abuse is in violation of the FDCPA (which you're going to need to educate yourself on) you may file a complaint against the individual/company with the FTC. You could also go to the Secretary of State website where you live, they may have more information on the company.

Is there any way for you to make small payments? It would be your best bet on keeping those calls to a minimum. Could you borrow the money from someone? (AFTER having checked to make sure that they are a legitimate collection agency)

 

[TinkerBelleLuvr]

The only way you can be "garnished" is if there is a judgment out there. A debt collector, with an outstanding bill, cannot garnish your bank account or paycheck.

If they call you again, get their information and send a LETTER to them requesting proof of the debt. I know about the 30 day window, but that is for us to ASS.U.ME that it was sent to a correct address. In light of the fact that this is an old debt and has the OP's maiden name, it can very well NOT have gone to her/him.

 

[Artemis_ofthe_Hunt]

The only way you can be "garnished" is if there is a judgment out there. A debt collector, with an outstanding bill, cannot garnish your bank account or paycheck.

If they call you again, get their information and send a LETTER to them requesting proof of the debt. I know about the 30 day window, but that is for us to ASS.U.ME that it was sent to a correct address. In light of the fact that this is an old debt and has the OP's maiden name, it can very well NOT have gone to her/him.

However, legally they are only required to send the initial contact to the last known address. Not knowing what the debt is for, I can't comment on how the address was obtained.

If, say, it was a medical bill, they are only required to send the acknowledge letter to the address the OP filled out. The 30 day window begins from there. If the OP has moved a number of times since then, the 30 day window does not start all over again everytime they find a new address for her.

If the collection agency does by happenstance agree to send out a validation, you can also request a proof of mailing. This will tell you to which address it was sent.

As far as a debt collector not being able to garnish a checking account, there are some exceptions to that. SOME judges will allow for a pre-judgment garnishment. The occurances are few and far between, but typically those cases the garnishments are awarded if there is genuine intent to sue pending. Like I said though, it doesn't happen often... but it CAN happen.

 

[lhr5772]

Why would they want to know how many children I had and about child support?
They also wanted to know what school I went to. I didn't tell them anything.
I did ask them to send me something in the mail and they said that I can get my lawyer to do that.
This is an old credit card debt.

 

[annajosie]

Since the OP stated that she cashes her child support check at the grocery store, she obviously does not have to worry about a freeze on a bank account that doesn't exist.

At any rate, a debt collector would have to obtain a judgement and then try to collect. In this case, it seems that they will be SOL.