Legal Question in Credit and Debt Law in Florida
Wage Garnishment
A collection agency has threatened to have my paycheck garnished for a credit card debt that is about 1 year old. I have repeatedly told them that I will pay them like 100-150 dollars a month to pay off the debt but they will not budge. If I go ahead and send them my payments can they still garnish my wages? What should I do? Can they legally garnish my wages?
1 Answer from Attorneys
Re: Wage Garnishment
The agency can not do anything. The atty to whom the claim is sent for collection can sue, and if judgment is obtained can seek garnishment of your non-exempt wages. The threats made by the agency/collector may violate the Fair Debt Collection Practices Act. You should consult with a competent creditors' rights atty in your locale and obtain a full review of the collection process as it applies to you.
A creditor is not obliged to accept payments on account.