Legal Question in Credit and Debt Law in Arizona

Garnishments

I have been told by a collection company that if I don't agree to send them a said amount of money by the end of today, they are calling my HR department to get a writ of garnishment immediately. I want to pay something, but I can't agree to the amount they want today. What is the legal procedure to obtain a writ of garnishment?


Asked on 12/02/08, 2:32 pm

1 Answer from Attorneys

Jeff Biddle Biddle Law Firm, PLLC

Re: Garnishments

Oh my, that is one evil debt collector. They can't just garnish your wages without a court order. First, they have to sue you in court and obtain a judgment. After that, they would request a writ of garnishment. It would take several months to do all of that.

Whoever is making those ridiculous claims is violating the Fair Debt Collections Practices Act (FDCPA for short). Get their name and contact information and threaten them that you will sue them if they continue to pursue you in such an illegal manner. Also, google "FDCPA letter" and send one to the collection agency telling them to stop calling you. Send it certified mail. Record your calls, too. You should be able to pick up a recorder at Radio Shack.

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Answered on 12/02/08, 3:44 pm


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