Welcome to Creditor Guide
Creditor Collector Garnish Wages Article
. For a permanent link to this article, or to bookmark it for further reading, click here.
Fighting Creditor Harassment with Legalities
from:Fighting creditor harassment with legalities is not a 100% guarantee of winning, or even preventing credit harassment. But when legally done, at least there is a better chance of not being hassled anymore, reducing stress and financial exhaustion on the consumer's part.
Federal and state laws are available to protect consumers from creditor harassment. A major body of laws is the FDCPA, or Fair Debt Collection Practices Act. This is a body of laws that the government bodies have developed in order to protect consumers from any and all abusive forms of creditor harassment practices.
The FDCPA was developed in order to protect all consumers from creditor harassment, and given the opportunity to handle their debts decently and in a civil manner. The creditor is not allowed to use threatening collection letters, continuous telephone calls, or contacting the consumer at work. If it can be proved that a creditor harassment has occurred, the FDCPA will allow the consumer to sue the debt collector for up to $1,000.00 statutory damages, plus damages of mental anguish, telephone charges, etc. in addition to attorney fees.
The FDCPA applies the consumers with protection under certain circumstances:
• It must be a consumer debt, not a business debt.
• The debt collector is not the original creditor
• FDCPA only applies to third party collection agencies
• FDCPA applies under narrow circumstances when the collector is the original creditor.
• There are very specific circumstances where FDCPA protections will not apply.
• State and Federal laws afford different protections for the consumer, with only a consumer attorney being able to determine which one is the best for the most protection.
Creditor harassment has been on the rise for the past three years, with the Federal Trade Commission receiving more complaints against debt collectors than any other industries. Many complaints include vulgar language, collecting more many than is owed, sharing improperly the debt information, attempting to collect extra fees, and threatening members of the family.
With the majority of people not recognizing their rights in regard to debt collection, most debt collectors take advantage of it. But not all of them do, with many ethical debt collectors saving the average person a fair amount of money—a savings that would have incurred with businesses raising their prices to cover the bad debts of the country. The bottom line is this, if a debt collector is unwanted tell them so with a letter. Keep the letter and records you have informed them of such, in case they are to be charged with illegal creditor harassment. Write a second letter if required, and keep records of that one also. If it contuse then hire a lawyer. Consumers do have rights against debt collectors, but many do not know this and suffer the consequences.
The bottom line is this—if a debt collector is unwanted and it is felt they are harassing, then tell them so with a proper letter. Keep the letter and records that have been made of contact with them, in case they are to be charged with illegal creditor harassment. Write a second letter if required, and keep records of that one also. If it continues then hire a lawyer. Consumers do have rights against debt collectors, but many do not know this and suffer the consequences.
Creditor Collector Garnish Wages Specific links
Creditor Collector Garnish Wages News
Collection Agency Picked On the Wrong Lou Correa - Fog City Journal
 Fog City Journal | Collection Agency Picked On the Wrong Lou Correa Fog City Journal By Ralph E. Stone Last year, California State Senator Lou Correa (D-Orange County) was sued for a $4000 debt owed by an unrelated “Luis Correa,” and learned of the lawsuit only after his wages had been garnished. Sear's billing department had handed ... |
Ex-spouse's bankruptcy can be problem after divorce - Victoria Advocate
Ex-spouse's bankruptcy can be problem after divorce Victoria Advocate A collector told me that if I did not promptly make arrangements to pay, he would garnish my wages. I thought wage garnishment was illegal in Texas. I am often asked this question. As a general rule, wage garnishment is prohibited in Texas. |
Zombie debt creeps onward in Idaho courts - The Idaho Statesman
 The Idaho Statesman | Zombie debt creeps onward in Idaho courts The Idaho Statesman Threaten to sue, arrest, criminally prosecute, garnish wages, seize property, get someone fired, or damage or ruin a consumer's credit rating — unless the debt collector has the legal authority. - Try to collect on debts while they are in dispute and ... |
Motion filed in Park Girl case - Brownsville Herald
Motion filed in Park Girl case Brownsville Herald The US Court website states that filing a petition under Chapter 7 “automatically stays” most collection actions against the debtor or the debtor's property. Creditors can not initiate or continue lawsuits, garnish wages or demand payments. |
G is for Garnishment - JD Supra (press release)
G is for Garnishment JD Supra (press release) In Arizona, a creditor can garnish up to 25% of each pay check. If you are living payday to payday this can completely devastate your finances. Before I get into how bankruptcy can stop a garnishment, there are a lot of misconceptions when it comes to ... |