Legal Question in Credit and Debt Law in Ohio
wage garnishment
i have a debt with a collection agency about $2000 i have been making payments for several months on agreement i have with them. i was not able to ay the full amount one month and sent them a smaller amount the firm called the debt totally due and since i cannot pay the entire amount due they are claiming they are going to file for a wage garnishment. can they due this? will it stand?
1 Answer from Attorneys
Re: wage garnishment
The collection agency cannot garnish your wages unless and until they have a judgment against you, which means, that first they have to sue you and prevail. Additionally, the collection agency itself will not have standing to sue you, unless they have purchased the debt from the original creditor. The original creditor is the real party in interest. Further, if the collection agency is threatening litigation and they do not own the debt they may have violated the provisions of the FDCPA. Feel free to contact me if you would like to know your legal remedies under the federal law.
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