Myth #10 – Debt Collectors Garnish Your Wages
Debt collectors, and a debt collection attorney are unable to garnish your wages.
Only a court can garnish your wages for consumer debt.
- First traditional collections efforts must be unsuccessful.
- Next, you are sued by an attorney, perhaps the attorney that has been trying to collect from you, perhaps not.
- You are then served papers (a subpoena) by a process server, and must appear in court to defend yourself.
- If you lose in court, or fail to appear, your wages are still not garnished.
- If you lose in court, the creditor is given a judgement against you.
- The judgement is a piece of paper, and other than seriously impacting your credit, and depending on the judgement, impacting your ability to sell assets, it does not repay the creditor.
- The creditor must then go back to court and sue for garnishment of wages, to have he judgement satisfied.
- Once again, that is a court process, you will receive a subpoena by a process server to appear in court.
- In court, you will have an opportunity to argue your case in court a second time, before your wages are garnished.
Marcadis Singer, PA
5104 South Westshore Blvd.,
Phone: (813) 288-1881