Legal Question in Credit and Debt Law in Indiana

I was contacted by a someone saying they were notifying me that my wages are going to be garnished because of an unpaid payday loan. To my knowledge I have no such loan. They claim that I was contacted in writing several times which I have not. I said that only the Government or a court order can garnish my wages (per the CFPB) and was told that in Indiana that is not the case and that I waived the need for a court order in the contract. They did not ask for money. They did not provide details and said they 'weren't a debt collection company'.

Is it possible to garnish wages without a court order particularly in Indiana?

I have been contacted by other debt collectors in the past months saying I've defaulted on a payday loan. They've all given different dates and loan amounts. Have been different levels of rude. Based on conversations with the CFPB, they are scammers who have gotten my information. None can provide official debt validation or a contract. One just sent me a letter saying I owed money and no lender or account information.

Thanks,


Asked on 11/05/15, 11:16 am

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

It sounds like a scam. A creditor cannot garnish your wages or attach your assets without having a valid court judgment, of which you would have to have received proper notice.

They also can't garnish your wages without further court hearing, of which you need to have notice.

So you probably don't have a problem unless you receive something which refers to a legal caption, containing your name, and the name of a court and cause #.

If you receive something like that, you can verify the nature of the proceeding with the office of the clerk of the court which is named. If all else fails, you can take this to an attorney who can do an appropriate check for you.

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Answered on 11/06/15, 2:15 pm


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