Legal Question in Credit and Debt Law in California

Can unsecured debt in california be collected by garnishing wages? I have not been able to pay my credit cards due to financial hardship. I am getting letters from credit card collection agencies that they can garnish my wages. Can they do that?


Asked on 2/19/10, 1:06 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Yes, but a creditor can only initiate a wage garnishment after suing you and getting a judgment. Threatening to start a wage garnishment without the legal authority to do is a violation of federal and state law governing fair debt collection practices.

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Answered on 2/24/10, 2:37 pm
Bryan C. Becker Your Lawyer for Life.

Mr. Starrett is correct. You should have an attorney review these collection letters.

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Answered on 2/24/10, 4:31 pm


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