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J

JoandJa'smom

Guest
What is the name of your state? TX

My husband and I are about to file bankruptcy and are recieving threatening phone calls from creditors. One of the creditors is American Express and they told my husband today that if we don't pay them half of what we owe by next Tuesday they are going to call my husband's HR dept and have his wages garneshed. Well, we are in TX and the last I know about wage garnishing is that is has to be ordered by a judge before it can be done. I think we are to be served before that happens. Am I wrong? Are they in violation of trying to collect debt?

JoandJa'smom
 


bigun

Senior Member
Sounds like a POS collection agency calling on behalf of AMEX. Yes, you're correct you must be sued and the creditor win before a judgment can be reduced to a garnishment. But, they have one other problem. Wages are exempt from garnishment in Tx.
When did you last pay AMEX? Has the SOL run?
 
J

JoandJa'smom

Guest
Last time we paid our debt was in August. We meet w/a lawyer on Tuesday to file for bankruptcy. We should get it all over with soon!

I knew the AMEX person was bluffing and harrassing my DH. He plans to call them and tell the management what happend. It may not help anything, but still it is not right.

JoandJa'smom
 
K

kw-2003

Guest
Don't call them. Your husband would only be giving them another number for them to try to harass you.

I understand that you think its not right (which it isn't) but calling them will produce no results for you.
 
J

JoandJa'smom

Guest
Texas is a one party state so tapig is not illegal. Wonder how much someone could get off someone illegally harrassing? It is an idea!

JoandJa'smom
 
P

planner

Guest
FDCPA voliation $1,000 each or actual damages (higher of two). You could fake a mental break-down and sue for millions. There was one case where the collection agency called a bomb threat and they took them for millions. You have to make sure they are also calling from a one party state.
 

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