Legal Question in Credit and Debt Law in Virginia
I received a "warrant in debt" and called the attorney/collection company to set up a payment arrangement. They went ahead and did so, but would not give me any information regarding the questions I had about the "warrant in debt". Have I already proved my guilt by making payment arrangements? Will they garnish my husbands pay check?
1 Answer from Attorneys
The best approach for one initially confronted with the scenario described
is to demand in writing proof of the debt alleged to be owed which under
the Fair Debt Collection Practices Act (FDCPA) the creditor is obligated
to provide within 30 days of such request.
And, no, you have not provided legal proof of your liability for the
debt claimed to be owed by making the (settlement) arrangements described and these collectors cannot garnish your husband's wages unless they first obtain a valid court judgment against him for this particular debt.
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