Can an agency place judgement and garnish wages if you are paying them regularly and were never told that the payments were not enough?
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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
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 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.
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