Garnishment

[crusheroz]

Colorado, How behind on a debt do you have to be before they can garnish your wages. We are a month behind and I was threatened today by the creditor, because I wont bring in a posted dated check. What can I do? Thank you

 

[bigun]

To be garnished, they first have to sue you and then, get a court order for a garnishment. That takes a lot of time. I'd suggest continuing to make arrangements to pay but I wouldn't play the post dated check game either.

 

[crusheroz]

Thank you. We have been trying to work with them, but it is never good enough for them. Also I was reading the Fair Debt Colloction Act, and I found the part about post dated checks. So is it correct that they are wrong to require me to bring a PD check to them more than 5 days before the due date of the payment? Also they call me everyday, and I was told that they only will stop calling if I bring in the PD check. Does this fall under harassment?

 

[bigun]

I dunno. That depends on how your state defines harrassement. You would need to speak with a lawyer in your state to get an answer on that question.

 

[Jennm22]

You need to write them a letter telling them not to call you anymore. They can still contact you by mail, but not the phone. In Washington at least....if they do contact you by phone after you have asked them not to it has to be only to tell you of any action they are going to take. In Wash. post dated checks are illegal. You may write a check and have them hold it, but it is illegal to post date. I would suggest to you to contact a lawyer or get into a debt management program. There are non-profit programs out there that will help you with your collectors for a little or no fee. You can search for one in your yellow pages under "Credit and Debt Counseling". Hope this is of some help to you. I know how frustrating these people can be. Good Luck!