Legal Question in Credit and Debt Law in California

information on being able to garnishee wages and the procedure

I have an oustanding payday loan. I got behind on the payments and set up payments of 100.00 to come from each paycheck. I called to rearrange the one due on Dec.26 as I did not have the money until the next day. I was told I could not rearrange and that when it did not go through, to call them back and reset a payment then. If I did not, my check on the 10th would be garnisheed for all the payments plus attorney fees, etc. They did not quote any fees. I have called and called between the 27-29 and left messages to pay with a credit card so this does not happen. I have received no calls back and they are closed now as of Thursday 29th until Monday 2nd of Jan. If I call on Monday when they open and pay my payment, can they still garnishee wages, and if so, don't they have to quote me an amount of attorney fees, etc. or can they just take my whole check and do what they want as they said? If they have not returned my calls, do I not have some rights there? The amount owed is 300.00. I live in Texas and I work from my home for a company based in California. I get paid from the office in California.

Thank you for your time.


Asked on 12/29/05, 6:37 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: information on being able to garnishee wages and the procedure

You are most welcome, and no, a creditor such as this cannot unilaterally garnish your wages or effectuate any type of legal remedies, including attorney fees, unless a court order has been entered to do so, or your employer voluntarily agrees to the wage assignment. For a free phone consultation, contact us directly this week.

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Answered on 12/29/05, 8:42 pm


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