Legal Question in Credit and Debt Law in California

I received a message from a debt collector. She stated her name and the collection company she was calling from. She then stated that she tried to charge my debt card and it declined. She stated that I need to call her back immediately or she was going to send my account to have my wages garnished. My questions is could she leave a message with such detailed information? My boyfriend uses this phone too and I don�t want him to know I am having any financial issues. Please advised.

Thank you,


Asked on 2/06/13, 8:57 am

2 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Yes. However, from the information you have provided it appears that she may have violated the Fair Debt Collection Practices Act. A creditor cannot make deceptive or untrue threats of action. Although you do not explain how the collection company obtained your debit card information, your wages cannot be garnished unless your creditor has obtained a judgment against in you from a court. If no judgment has been entered against you and in favor of this creditor, the creditor cannot garnish your wages; hence the collection company's representative has made a false statement in violation of the FDCPA. You can report this creditor to the Federal Trade Commission ("FTC") by visiting their website at www.ftc.gov and following the links for consumers.

Read more
Answered on 2/06/13, 9:17 am

I would just add that you should NEVER give out debit card information without knowing absolutely for sure who you are talking to. There is a high probability that this was a scam/con game.

Read more
Answered on 2/06/13, 1:49 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California