Legal Question in Consumer Law in Virginia

Re: is this legal?

The collection agency cannot implement any garnishment upon your wages or bank account until they have first obtained a valid judgment against you in the appropriate court of law.

Re: is this legal?

By "agency" I assume you mean a debt collection agency, and NOT a law firm.

Debt collection agencies can only call you and write to you and make threats. They have no power to do anything at all. Far too often, debt collection agencies lie to consumers and say that this or that will happen if the consumer does not pay a debt. I have even heard of them threatening jail which is definitely false.

NOTHING can happen until you have a day in court, and a trial if you ask for it. Make sure they have your correct address so that you will get proper notices of any court dates.

I don't know if it is and FDCPA violation to threaten garnishment. It is true that EVENTUALLY they could garnish your wages, if they jump through a lot of other hoops first, after winning a court case. Because it is not totally untrue, just badly stated, it may be hard to make it an FDCPA violation.

It MAY be an FDCPA violation on the grounds of harassment to call you 3 times in one day (unless it was necessary to answer a question you raised or something like that).

Keep a log, very good records, and if they keep it up, you should go see a lawyer in your area (I'm not down there, unfortunately) and see about suing them under the FDPCA.