Legal Question in Credit and Debt Law in California
Wage Garnishment
I took out a loan in September 2005 for $2600.00. The following month I lost my job and subsequently fell behind on all my bills. I started working again in January 2006 and ahve been struggling to catch up on past due payments. The originators of the loan now want to garnish my wages. To prevent this I need to come up with $500 in an extremely quick period of time. It's impossible. If I don't send them the money by the end of today, they're going to initiate the garnishment process. I've pleaded with them to no avail. What can I do? Please help me.
3 Answers from Attorneys
Re: Wage Garnishment
They cannot garnish your wages unless they have sued you and obtained a judgment.
Re: Wage Garnishment
They cannot garnish wages without a judgment. Unless they have sued you and obtained a judgment, don't lose sleep over this.
Good luck.
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Re: Wage Garnishment
Many times it's a contest for the bill collectors to see who in the office can come up with the most bucks the next day by overnight mail. They can be very irritating -- and that's their job! As my colleagues said, though, the lawsuit is a lengthy process and sometimes it's not worth their while to file suit, hire an attorney, etc. You can also tell them not to call you again, and under the Fair Debt Collection Practices Act, they would have to stop. I would suggest that you pay what you can and catch up as soon as you can.