Wage Garnishment

[croydonred]

What is the name of your state? GA

Two days ago I received a phone call at work from a man proclaiming to be an attorney representing a collection agency. He said unless he heard from me before noon today he would call my employer for the address to start wage garnishment. I called back today offering a monthly amount. He wanted me to do post/pre (not sure what the appropriate term is) dated checks. I said I was not willing to do that. He said the same as above. I have been garnished before. I do know if I am garnished again I can lose my job. I told him that to and he tried to convince me in Georgia it is 4 times before you can be fired.
My questions:-

a. Does he have to go to my employer to find out where to sent papers to? (Seems implausable to me).

b. Do I absolutely by law have to give him check numbers?

 

[Ladynred]

Collectors LIE, LIE, LIE !!

First of all, have you been SUED for this debt ??? If not, then NO ONE can just call your employer and get a wage garnishment !! The have to sue you first, take you to court, win a judgment against you and ONLY then can they even THINK about a wage garnishment !

So, unless you've been sued, the 'attorney', who may or may not even be an attorney and probably IS just a collection agency, cannot do a damn thing. His threat sounds like typical, garden variety, strong-arm collection tactics. The end of the month is coming, they have quotas to make to get their bonuses so they turn up the heat.

1 - answered above

2 - ABSOLUTELY NOT !!!! Even demanding post-dated checks is a violation of the Fair Debt Collections Practices Act !! NEVER give a CA post-dated checks, never give them ANY checking account info EVER unless you want your bank account drained.

If this 'attorney' calls you at work again, tell him that per the FDCPA, Section 805, Paragraph (a)(3) you are informing him that that he is NOT to call you at work ever again.

§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

 

[croydonred]

Re Reply

Glad to see someone thinking along my lines. I even asked the guy what state he was licensed to practice in. Couldn't find a web site that lists licenced lawyers.

 

[Ladynred]

www.martindale.com will let you search for lawyers.

 

[JETX]

Next time he calls, simply ask him for his state and bar number. That shuts the fakes up all the time.

 

[julbug66]

fired for garnishment?

i concur with the above posts, but on another note, i'm pretty sure it's illegal to fire someone due to their wages being garnished.

 

[JETX]

i concur with the above posts, but on another note, i'm pretty sure it's illegal to fire someone due to their wages being garnished.

That is only partly true.

Georgia law also prohibits an employer from firing an employee upon receiving a first garnishment. The employer can not take other adverse action if the garnishment is the employee's first. An employer may legally fire an employee for receiving additional garnishments.