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Do I have a case against this debt collection firm?

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Repstyle

Junior Member
Colorado:
On Feb 23rd I was notified by my employer that my wages were being garnished. I contacted the firm that delivered the writ of garnishment to let them know I was never given notice of this happening.
They told me I should have received a letter around Jan 31st.
I asked if I could make payments and was told no. Either pay the settlement or the garnishment stays.
I borrowed to pay the settlement ($1450) and the garnishment was stopped.
I then found the letter they sent. It was in a plain white envelope with just my name and address and a return address with no firm name.
The letter stated I had until March 13th to call and pay the settlement offer or make payment arrangements. There was no word of wage garnishment happening 3 weeks prior to the date they gave me to settle.
Do I have any legal recourse against this firm?
 


Proserpina

Senior Member
Colorado:
On Feb 23rd I was notified by my employer that my wages were being garnished. I contacted the firm that delivered the writ of garnishment to let them know I was never given notice of this happening.
They told me I should have received a letter around Jan 31st.
I asked if I could make payments and was told no. Either pay the settlement or the garnishment stays.
I borrowed to pay the settlement ($1450) and the garnishment was stopped.
I then found the letter they sent. It was in a plain white envelope with just my name and address and a return address with no firm name.
The letter stated I had until March 13th to call and pay the settlement offer or make payment arrangements. There was no word of wage garnishment happening 3 weeks prior to the date they gave me to settle.
Do I have any legal recourse against this firm?
In other words you were properly notified but didn't realize?
 

Zigner

Senior Member, Non-Attorney
They don't HAVE to offer you a settlement agreement. What they did was perfectly legal.
 

Zigner

Senior Member, Non-Attorney
Colorado:
On Feb 23rd I was notified by my employer that my wages were being garnished. I contacted the firm that delivered the writ of garnishment to let them know I was never given notice of this happening.
I think what Proserpina may be pointing out is that you were properly notified of the writ of garnishment.
(I could be wrong...it's happened on occasion in the past)
 

Repstyle

Junior Member
There was nothing in the letter about garnishment. Just to pay the settlement or make payment arrangements by March 15th. When I called them on Feb 24th they told me payments were not an option which I took as a lie after finding the letter.
But if it is legal for them to reneg without fair warning (again, nothing was mentioned in the letter about garnishment) I guess I should be happy to be rid of them. Would have preferred the proffered arrangement though.
 

Zigner

Senior Member, Non-Attorney
There was nothing in the letter about garnishment. Just to pay the settlement or make payment arrangements by March 15th. When I called them on Feb 24th they told me payments were not an option which I took as a lie after finding the letter.
But if it is legal for them to reneg without fair warning (again, nothing was mentioned in the letter about garnishment) I guess I should be happy to be rid of them. Would have preferred the proffered arrangement though.
The garnishment is allowed pursuant to the judgment. They had no agreement with you when they issued the garnishment.
 

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