Legal Question in Credit and Debt Law in California
A credit card company has warned me that if i do not pay the amount owed they will start to retrieve the money from my work paycheck can this be prevented?
2 Answers from Attorneys
They are talking through their hat as far as taking your wages unless they were to sue you first and obtain a judgment from the court. Under the fair debt collection laws, if they threaten to garnish your wages they had better be prepared to do so, or else you could have the right to sue them. I would like to know more facts. Were you "warned" orally, or in writing? How old is the debt? How much? Is this the original credit card issuer, or some collection agency?
We need to review any letters you received. However, without a judgment, they may have violated the Fair Debt Collection Act and you may have a claim against the creditor and/or its collection agency or attorney.