Legal Question in Credit and Debt Law in Tennessee

garnishment notification

A collection agency is trying to collect from me for a car that they say I owe on but they cannont tell me when I got the loan, or what car it was. I have had a few cars repocessed over the years but the amount they say I owe, does not match any of the cars I turned it. I have told them and told them I need more information because I dispute owing that amount. It is in their litigation dept and she told me that if I didn't make payment arrangements by the 12th it would go to a lawyer to sue. Now today she says that if I don't make a payment she will garnishee my wages on the 12th and that she doesn't have to provide me with any information. I told her that I dispute the amount they say I owe. Can they get a garnishment without taking me to court to show I owe it? Do I not get a chance to plead my case of dispute on the amount. They can't provide me with any information as to how they determined the amount I owe. .


Asked on 3/10/03, 6:15 pm

1 Answer from Attorneys
Heidi Milam Heidi S. Milam, Attorney at Law

Re: garnishment notification

The collection agency cannot garnish your wages without a judgment from a court of law. If you have never been sued before and do not have a judgment, the collection agency has violated the Fair Debt Collection Practices Act by stating that they will garnish your wages without a judgment. You should send them a written letter asking for verification of the debt. If the case is sent to an attorney, be sure to send the attorney a written letter asking for verification of the debt as soon as you get notification from the attorney. Phone calls do not do you any good in this situation. If possible, you should consult an attorney in your area to help you deal with this case.

Read more
Answered on 3/11/03, 8:58 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Tennessee