Legal Question in Credit and Debt Law in Massachusetts

can a debt collector garnesh my wages

i owe money to sears it was a while ago now a collection agency has it can they go after my pay

they sent me a summons what do i do


Asked on 11/18/08, 5:18 pm

4 Answers from Attorneys

Daniel Gindes Law Office of Daniel Gindes

Re: can a debt collector garnesh my wages

Yes, they can attempt to garnish your wages if you make enough. What to do depends on your other debts. You can file an answer and try to litigate the case, or consider bankruptcy if you have other debt that you can't pay. Either way you probably want to talk to a lawyer about the specifics of your situation.

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Answered on 11/19/08, 8:50 am
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: can a debt collector garnesh my wages

A credit card company may garnish your wages providing they have obtained a judgment against you, after notice and an opportunity to be heard. Further, a credit card company may not garnish a debtor's wages prior to judgment as security in the event they do obtain final judgment ( see Sniadach v Family Finance Corp).

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Answered on 11/26/08, 11:41 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: can a debt collector garnesh my wages

A debt collector may not unilaterally garnish your wages or seize any property without first obtaining permission of the court.

It is likely that your debt collector sent you notices, sued you in court, obtained a judgment against you, and is now seeking to satisfy the judgment.

If all of the steps above have been satisfied, and you still have not paid, then garnishment of wages may be appropriate.

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Answered on 11/18/08, 5:24 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: can a debt collector garnesh my wages

Not unless the collector has a court order.

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Answered on 11/18/08, 9:20 pm


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