Legal Question in Credit and Debt Law in Ohio

Attorney debt collectors

I have a credit card w/chase

bank w/a balance of $8000.00

that i have defaulted on

because i was unable to make

the pymnt and they were

unwilling to work w/me.

Yesterday rcvd contct from

attrny dbt cllctn agncy wanting

350.00 a month which i cannot

pay they will not work with me

and are threatning to garnish

my wages. can they do that?

what to do?


Asked on 6/16/09, 4:18 pm

2 Answers from Attorneys

Bradley Miller Miller Law LLC

Re: Attorney debt collectors

What you are describing is a common scare tactic that collection agencies use. They threaten to garnish your wages in order to get you to pay them.

The first thing to do is relax. From your post, it does not sound like you have received any court papers or an actual suit against you. It is important to remember that a collection agency cannot garnish your wages unless they have a court order that allows them to do so.

Since you say the collection agency refuses to work with you, you might be better served talking to a debt relief agency (do your homework first to make sure they are reputable!) or an attorney. An attorney may be able to talk to the collection agency for you and get a reasonable payment plan where you could not on your own. Sometimes you just have to show the collection agency you are serious and not a pushover.

If you have any questions or would like to arrange a consultation to discuss your situation in more detail, feel free to contact me.

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Answered on 6/16/09, 4:41 pm
Dan Guinn Guinn Law Firm, LLC

Re: Attorney debt collectors

They cannot automatically garnish your wages. First, they must take you to court and obtain a judgment. The best thing to do is to have an attorney negotiate with them since they generally will not work with the card holder. Often, they feel they can bully card holders around.

If you would like to schedule a free consultation with me via phone or email, please let me know.

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Answered on 6/16/09, 6:50 pm


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