Legal Question in Credit and Debt Law in Texas
Wage Garishment
I have a credit card debt and the guy I talked to gave me two options. I either give them a post dated check until the 28th of this month to get the settlement amount together or make payment plans. The problem with payment plans is that they wont accept anything under 260 a month because he was '' looking out for his client's best interest''. I offered to be able to pay him 100/month since I just started my job and once my hours increased I would pay more and he basically told me no. He also told me that they would garnish my wages up to 40% of what I made. Now my questions are is it legal for them to have a post dated check on file to keep the case and can they garnish my wages in texas??
2 Answers from Attorneys
Re: Wage Garishment
Don't send a post dated check unless you have the money in your account. Even if it post dated, they will try to clear it as soon as possible and would not wait until the 28th. It is illegal to garnish one penny of wages in the State of Texas. Next time you talk to him, record his statements. You only need one party's permission to tape record the conversation and I suppose you have your permission. Then play it back to him and tell him you're going to take his lies to the lawyer's office and find out the truth. That squishy sound you hear just before the click will be him filling up his chair before he hangs up. Take the tape to a lawyers office and file a lawsuit for yourself and all the other people they've lied to. Good Luck.
Re: Wage Garishment
never give postdated checks...and he is lying..as they cannot garnish wages in Texas...but he has broken fair debt collection acts..and you probably are dealing with a scammer..contact a local lawyer
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