Legal Question in Credit and Debt Law in Arkansas
Garnishments for unpaid cellular phone bills
I would like to know if regardless of how powerful a collection agency is that a cellular phone company uses to collect payment on an outstanding, canceled cellphone account, as a last resort, can this collection agency ultimately garnish wages for debts as menial as a cellphone bills? If so, would the garnishment depend on the amount owed or would a court procedure must take place?
1 Answer from Attorneys
Re: Garnishments for unpaid cellular phone bills
Before a creditor can garnish your wages, there must be a court order to do so. For a collection agency to garnish your wages over this cell bill, they would have to file a Complaint in the Court system, then get a judgment against you from a judge. If they filed a Complaint, you will get Notice of it, as long as you can be located. Even if they can't locate you, the judge might allow them to give Notice by publishing it in the paper. The important thing is, they have to go before a judge before garnishing, and as long as they have your address, they are going to have to send you the Complaint and a Summons before this can happen.
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