Myth #10 – Debt Collectors Garnish Your Wages

Not True.

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.,
Tampa, Florida.
Phone: (813) 288-1881

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