Legal Question in Credit and Debt Law in California
Can a debt collection representative (from a lawfirm) tell some one that they are calling about your debt and tell some one that if you don't pay they are going to contact youy payroll dept and pursue garnishment? isn't that a breach of Privacy Law?
2 Answers from Attorneys
No a debt collector cannot discuss your debt with anyone else but you. Secondly they cannot garnish your wages or call your employer and threaten that unless they already have a judgment against you. If they have done this and they don�t have a judgment against you then they violated both the Federal and State Fair Debt Collection Practices Act and you have recourse against them.
If they did get a judgment against you they can simply fill out the garnishment forms and serve it on your employer who by the way is obligated to provide you a copy of the garnishment. You can also file a objection to the amount of they are trying to take but will have to go to court and that is another answer.
Hope that helps and best of luck to you
You have to be sued first. Contact me directly.
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