Legal Question in Credit and Debt Law in California

Garnishment

6 years ago, i had an account with Wells Fargo and didn't close the account. i moved to another state and 2 years later, a collection agency called on behalf of Wells Fargo demanding i pay $2,500 in full. i didn't have the money and said i was willing to pay monthly as long as they send the last 10-15 transactions that was made with that account along with the collection agency's paperwork, it was never sent. another 3 years passes by and i'm being contacted by a processor who said i now owe $5,515 and if i don't pay they will garnish my wages. i honestly am struggling to pay rent and bills and can't afford for money to be deducted from my measly paycheck. can they garnish my wages without my permission and if there a way to fight this?


Asked on 12/02/08, 3:54 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Garnishment

answered above

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Answered on 12/06/08, 11:53 pm
David Gibbs The Gibbs Law Firm, APC

Re: Garnishment

First, when you say you had an account with Wells Fargo, I have to assume it was a credit account, and not a bank account? Assuming it was a credit account, then I'd make the argument that the statute of limitations has long since passed and they can no longer legally collect the amounts due. Threaten them with violations of the Fair Debt Collections act, and if they continue to pursue you (which they will), you might want to take the Collection Agency to court for violations of the Fair Debt Collection Practices Act. They cannot garnish your wages without a court order, and that requires their filing a lawsuit first, and obtaining a judgment. Get aggressive with them, and they will hopefully go away with their tale between their legs.

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Answered on 12/02/08, 4:12 pm


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