Legal Question in Credit and Debt Law in Maryland

Premature Garnishment

DOE sends a series of notices and letters warning the borrower to enter repayment or garnishment will be used to recover the debt. My Wages have been garnished and I did not receive a series of letters, nor was I given 30 days to file a Request for Review of Objection(s)to the garnishment action and outlines my rights under the process.The 4 letters I received on May 05,2003,were dated April 29,2003 and April 30,2003,and my May 15th,2003 paycheck was garnished. Is there any recourse that I can take since Wage Garnishment Hearing Procedures were not followed? Since that time, I have paid the loan off and my paycheck is still being garnished (twice so far) because my Employer says they have not received a release. This is creating havoc in my life and is causing some other financial problems for me and caused me embarrassment. I would like to file suit against the Agency. Do you think it is worth my while? I have all of the documentation to prove everything that I have stated.


Asked on 6/23/03, 4:45 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Premature Garnishment

If you have all of this then a violation of the Federal Fair Debt Collection Practices Act lies. You also have a civil suit to collect any over payments. There likely is erroneous or misleading filings on your credit reports.

The three major credit reporting agencies are Transunion, Equifax and Experian. If you require assistance with your matter contact me at (410) 799-9002.

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Answered on 6/23/03, 6:38 pm


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