Can an agency place judgement and garnish wages if you are paying them regularly and were never told that the payments were not enough?

UPDATED: Feb 13, 2012

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Can an agency place judgement and garnish wages if you are paying them regularly and were never told that the payments were not enough?

We received a letter from a collection agency about a debt. We went online, as it stated in the letter, and filled out the promise payment form. We scheduled bi-weekly auto payments to them, which they continue to accept. We were never notified that those payments were not acceptable. After we started the payments, they placed a judgement against my husband and 5 year old daughter (is that even legal), again with no explanation and for the total original amount, not taking off anything we had already paid. Now we get a letter that they are going to start garnish his wages? What can we do?

Asked on February 13, 2012 under Bankruptcy Law, South Dakota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written, it seems as though there is an actual judgment against your husband and five year old daughter resulting from a lawsuit going back some point in time. From what you have written, the third party collection agency may have engaged in unfair debt collection practices under state and federal law.

I recommend that you consult with an attorney that practices consumer law to see what the current situation really is and the best way to resolve it. Be prepared to provide this attorney with all paper work that you have concerning the matter you are writing about.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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