Legal Question in Credit and Debt Law in New York

who can garnish your wages?

can a collection agency garnish your wages or file a judgement against your property - they bought a debt froma credit card company that was willing to settle with us for 3000 and they want 15000 which was the oringinal amount owed


Asked on 8/22/08, 5:23 pm

1 Answer from Attorneys

Stephen Starr Starr & Starr, PLLC

Re: who can garnish your wages?

Collectors and collection agencies have only 2 tools in their tool belt: (1) they can call you, and (2) they can send you letters (in theory they could also pay you in person visits). So calls and letters is all a non-attorney collector has in his/her tool belt.

However, if the collectors don't reach a resolution of the claim with the debtor (you -- the person who owes the money) the claim usually will then get sent to collection lawyers to file a lawsuit. If there is no answer filed to the summons and complaint the collection lawyers typically will be able to get a judgment for their client, the creditor (or debt buyer if claim purchased by debt buyer). If there is an answer filed case may go to trial or some other disposition.

For additional info. about collections and debtor-creditor topics please visit the Frequently Asked Questions (FAQs) and Blog posts on our website at www.starrandstarr.com

Good luck,

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Answered on 8/22/08, 5:58 pm


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