Legal Question in Credit and Debt Law in California
Collection Agencys
Our one income family turned in to a no income family last year when my husband lost his job. We are now both employed but because our mortgage payment doubled do to interest rates we are still playing catch up. We have a credit card company threatening to attach my wages if we don't start paying them now. If they do that we will lose the house. Can a collection agency for a capital one card attach wages or is the man on the phone just trying to scare me?
3 Answers from Attorneys
Re: Collection Agencys
The answer to your question is no, at least not without completing quite a few steps first.
A collector can file a lawsuit and if they win that suit, they will be awarded a judgment against you. After they have a judgment, they can begin to garnish 25% of your wages.
It is ILLEGAL for a collector to threaten and harass you with things that are not possible, including attachment of wages without explaining the procedures. You may have a claim against that collector under both federal and state law.
Another issue is this mortgage that has doubled. I am not a specialist on mortgages, but this sounds like a problem that could be solved as well if you see an ethical professional.
Best of luck to you!
-- Amy Kleinpeter
Re: Collection Agencys
Amy is correct. That type of harassment is prohibited by both the California Fair Credit Reporting Act and the Federal Debt Collection Practices Act. Violations can result in a $1,000 award to you per violation. Also, at a minimum, your mortgage situation is also worth investigating as your mortgage company (given the current climate) may have violated mortgage loan laws or may at least be amenable to restructuring your loan. Feel free to contact me via phone or email to discuss.
Yours truly,
Bryan Becker
877*201*8728
Member, National Association of Consumer Advocates
www.naca.net
Re: Collection Agencys
They cannot attach wages without obtaining a judgment against you. And they cannot obtain a judgment without first suing you and serving you with the court papers.
You should talk to an attorney about this and see if you may now have a claim against them for violations of state and federal law.
You can get free information on debt collectors and your rights by visiting my blog at www.californiadebtblog.com
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