Can a collection agency garnish wages on a credit card debt less than $3000?
924103
They can get a judgement but I seriously doubt they want to go through the hassle for such a small debt. Even if they could garnish wages, which I don't think they can for credit card debt, they won't even get what your minimum monthly payment would be if you can prove all of your money goes to neccessary bills and living expenses. See if you can negiotiate a settlement with the credit card company that will save you both time, money and headaches if not just send them something every month and they can't say you are not paying down your debt.\nGood Luck
457309
Yes.  What the company that charged off the credit card did, was to sell your contract (account) to the collection agency/attorney that is calling you.  They can take you to court and sue for a judgment against you.  If you own a house they can put a lien on it. They can also demand $35 a week (or the sum the judge says) until the debt is payed off. Or, attach your wages.\n\nYou do have rights regarding their right to call.  You could call your State Attorney General to find out your rights.  (I know, after a while you want to disconnect the phone and except calls from no one.  I found it very depressing.)\n\nThe best thing is to eventually negotiate a settlement with them.  I think it is better to do this before it goes to judgment.  Also, Stay up with the court procedures.  As soon as you get served go to the Court house and fill out the form "Appearance".  I think if you look like a fighter they will be more willing to negotiate to a lower settlement.\n\nI got a lot of help from:\n\nwww.creditinfocenter.com\n\nGood luck!
519554
Wages can be attached ("garnished") for credit card debt in some states, but not others; still its a fair amount of hassle for a company to do this, but it can be done in some states.  You can't go to jail, debtors prison went away hundreds of years ago.\n\nSuggest you work out a plan (call the credit card company if you want - its in their best interest for you to pay off this debt) to pay off the debt slowly over time, and stop accumulating more debt.  Maybe you could get the high interest debt transferred somewhere else, depends on your situation.\n\nIf its hopeless and you can't pay off the debt, you can declare bankruptcy, but don't take this step lightly.  The bankruptcy will follow you around for 7 years, making it very hard to get other credit, get a place to stay, and causing all sorts of other problems.\n\nGood luck.
464036
hi i am lisa.  i used to work for a collection agency and if i remember correctly ohio is a wage garnishment state, however, there is a pretty lengthy process involved. i dont know how old the debt is and how much you owe but if it isnt a very sigf amnt. they probably wont go through the hassel of lawyers and the court system.  look online under "ohio fdcpa laws"
911719
Roderick,\n\nLet me break this down for you.\n\nOnce you are in a situation where you can even pay a portion of the debt, you need to send the collection agency a pay-for-deletion letter.\n\nJust remind them that you have other creditors to pay, and "in the spirit of compromise" you would like to settle the account for $XXX dollars as payment in full IF and ONLY IF the collection agency will remove the negative item from you credit report at ALL THREE credit bureaus.\n\nThe collection agencies will try to give you the okie-doke by saying that they can not do this (because it's extra work for them).  However, they have the ability and authority to do it.\n\nIf the collection agency declines your offier, just inform them in writing that your payment went to another collector who agreed to the aforementioned terms.\n\nPlease be aware that you are NOT TO TALK to the collection agencies over the phone or through e-mail.  All correspondence must be sent via CERTIFIED MAIL.  In addition, you must maintain copies of the receipts as proof of mailing.\n\nSee hyperlink below.\n\nGood luck.
761688
This requires sending the letter of dispute to the 3 credit bureaus (Equifax, TransUnion, and Experian) disputing the judgement. It is the bureaus that will contact the courthouse and request proof. If it is not provided within 30 days it must be removed. However, this does not relieve you of the judgement. If the judgement grantor chooses to they can still garnish wages etc.\n\nHere is some additional info. Hope this helps.
286362
Ahem....When you ignore the credit card company, they will give your account to a collection agency.  If you ignore the collection agency, the credit card company will then sell your account and a few hundred other uncollected accounts to a law firm.  The law firm will then send you a demand letter giving you 30 days to pay in full or make payment arrangements.  If you ignore the law firm's letters, the law firm will file suit against you for the amount due on the credit card PLUS the maximum amount of interest allowed by your state, PLUS 25% attorney fees, PLUS all the court costs of filing the suit.  If you are served with the suit papers and then ignore THAT, then the law firm takes a judgment against you and puts a lien on your property and garnishes your wages and garnishes your bank accounts.  Garnishment is usually what makes a debtor stop ignoring the debt.  I have piles of this stuff around me right now.  In fact, I filed three garnishments this morning.
150492
Title III, Consumer Credit Protection Act (CCPA)\n(15 USC §1671 et seq.(PDF); 29 CFR Part 870)\n\nWho is Covered\n\nTitle III of the Consumer Credit Protection Act (CCPA) protects employees from discharge by their employers because their wages have been garnished for any one debt, and it limits the amount of an employee's earnings that may be garnished in any one week. Title III applies to all employers and individuals who receive earnings for personal services (including wages, salaries, commissions, bonuses, and income from a pension or retirement program, but ordinarily not including tips).\n\nBasic Provisions/Requirements\n\nWage garnishment occurs when an employer withholds the earnings of an individual for the payment of a debt as the result of a court order or other equitable procedure. Title III prohibits an employer from discharging an employee because his or her earnings have been subject to garnishment for any one debt, regardless of the number of levies made or proceedings brought to collect it. Title III does not, however, protect an employee from discharge if the employee's earnings have been subject to garnishment for a second or subsequent debt.\n\nTitle III also protects employees by limiting the amount of earnings that may be garnished in any workweek or pay period to the lesser of 25 percent of disposable earnings or the amount by which disposable earnings are greater than 30 times the federal minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938. This limit applies regardless of how many garnishment orders an employer receives. As of September 1, 1997, the federal minimum wage is $5.15 per hour.\n\nIn court orders for child support or alimony, Title III allows up to 50 percent of an employee's disposable earnings to be garnished if the employee is supporting a current spouse or child, and up to 60 percent if the employee is not doing so. An additional five percent may be garnished for support payments over 12 weeks in arrears. The restrictions noted in the preceding paragraph do not apply to such garnishments.\n\n"Disposable earnings" is the amount of earnings left after legally required deductions (e.g., federal, state and local taxes, Social Security, unemployment insurance, and state employee retirement systems) have been made. Deductions not required by law (e.g., union dues, health and life insurance, and charitable contributions) are not subtracted from gross earnings when the amount of disposable earnings for garnishment purposes is calculated.\n\nTitle III specifies that garnishment restrictions do not apply to bankruptcy court orders and debts due for federal and state taxes. Nor do they affect voluntary wage assignments, i.e., situations where workers voluntarily agree that their employers may turn over a specified amount of their earnings to a creditor or creditors.\n\nEmployee Rights\n\nIn most cases, Title III gives wage earners the right to receive at least partial compensation for the personal services they provide despite wage garnishment. This law also prohibits an employer from discharging an employee because of garnishment of wages for any one indebtedness. The Wage and Hour Division of the Employment Standards Administration accepts complaints of alleged Title III violations.\n\nCompliance Assistance Available\n\nThe Wage and Hour Division of the Employment Standards Administration administers and enforces Title III. More detailed information, including copies of explanatory brochures and regulatory and interpretative materials, may be obtained from the Wage and Hour Division’s Web site or by contacting your local Wage and Hour Division office. For additional compliance assistance, contact the Wage and Hour Division help line at 1-866-4USWAGE.\n\nPenalties/Sanctions\n\nViolations of Title III may result in reinstatement of a discharged employee, payment of back wages, and restoration of improperly garnished amounts. Where viola
975028
Please ignore the above answers.  Another batch of people who guess at answers and won't take a moment to do some research.\n\nHere is your problem.  Protesting to the credit bureau does no good.  All they are required to do is check with the court and verify that there is a judgement on record (and there will be).  They will also check the status.  If it shows that it's not been satisfied, your credit history stays uncorrected.  \n\nYour job is to get this information corrected with the court, but it's going to require action by the creditor to do it.  And as you say, your creditor is being a jerk.\n\nYou need to do some simple research of your state laws.  Going to the court and asking the clerk's will not help because they are barred from giving you legal advice.\n\nLets take Michigan for example (see the law below).  The creditor is REQUIRED to report the discharge of the debt, or face contempt action by the court.  As you can see, in Michigan you simply send the creditor a certified letter demanding that they fix it.  If they don't you can sue them for $300 plus damages.  \n\nDo your research.  Maybe a local attorney will spend 5 minutes on the phone and tell you the local laws.  But I will guarantee you that every state has court rules that require the creditor to properly discharge their debts.
557633
You need to take the time to read the Fair Credit Reporting Acts and the Fair Debt Collections Act.  The reason you are having a hard time with these boneheads is because you don't know the law, and they are running all over you!\n\nI've posted the relevent parts below that will help you out.\n\nFirst, when you contact the collection agent, you must do so IN WRITING to prove you sent them a letter.  Be sure to state you want to have your debt VALIDATED!  This is very important.  Once they receive this letter, they must reply within 30 days.  Their reply must have PROOF that you have a legal obligation to pay this debt.  That means contracts, bills, receipts, and everything used to calculate what they claim you owe.  Also be sure to include a cease and desist warning, with warning about posting anything to your credit report while this matter is in dispute.  Once that is done, they can't do anything until the debt is validated.\n\nIf the fail to supply this information, and post negative information on your credit report, they will be in violation of the Fair Credit Reporting Act.  Whether the debt is legal or not, posting unvalidated reports is against the law and you can sue them in small claims court for $1000 very easily.\n\nIf they validate this debt, and it does appear you owe them, then pay the bill.  By law, the Collection Agency can not post anything to your report within 180 days of the date of delinquency.  (that's six months to you collection agents reading...).  \n\nI would also follow through with a negotiation demand that if you pay the bill, they will agree IN WRITING not to place negative information on your credit report, or remove anything that they did place.  Do not actually make a pledge to pay, or you may be restarting the clock on the Statute of Limitations.  Do not acknowledge that you owe the debt.\n\nContact me if you need any advice or encouragement.  I am not a lawyer or credit counsoler, just someone who likes to get under credit collectors skins.
822474
They can write off a debt after unsuccessful "reasonable collection efforts" are exhausted - usually 90 days. I don't recall any laws stating any time period but only reasonable efforts to collect.\n\nLook in the agreement, it may have the proof you are looking for. Some creditors have their own criteria for this and document it in the agreement.\n\nHave you tried to negotiate it with them? That is pretty cold to do that especially when you have proof you actually moved.\n\nGood luck\n\n================
736654
This sounds like a load of cr*p.  Don't deal with collection agents at all.  If you WANT to pay the bill, deal directly with the credit card company (and make SURE it is the credit card company you are dealing with, not a collections agent pretending to be them).\n\nIf the company won't deal with you and the debt has already hit your credit report, just don't bother with it at all--it can't get any worse.\n\nIf they threaten to take you to court wait until you have at least two letters from a REAL attorney (investigate whether the law firm that sends you the letters is legit or not) and then offer to settle with them for 50% of the funds due.\n\nCollection agents will lie, cheat, and steal just to get you to talk to them, don't deal with them at all!  No honest person becomes a collection agent... or if one does, they soon lose all aspects of humanity they once had.\n\nGood luck!
658344
Yes, they can do something to you.  Kiss your A**!\n\nLOL!  \n\nMr. Collection Agent gets about 30% of the money they collect.   By paying the original creditor you just cheated them of their money.  Whether they get anything will depend on the agreement they have with the creditor. \n\nDon't sweat it, they can't touch you, they can't place anything on your credit report.  If they do, you have an excellent lawsuit against them, and you can win $1000.
353323
Contact them as soon as possible to set up a payment plan.  Most government agencies are willing to work with you on that.  I've seen people pay as little as $20/month on debts owed to the government.  Depending on your situation, they may even take off any interest or late fees.  Just make sure you contact them before they start garnishing your wages.  You do NOT want that to happen...depending on the debt, they can take as much as 25% of your disposable income.  Good luck!
86076
Go to the Fair Debt Collection Practices Act (Federal) read it and understand the rules. Collection companies purchase debt for penny's on the dollar. They buy the debt in quantity and if only a few people pay for even bad debts they come out ahead. Go to "Nolo Press" they have excellent books on the subject. If you were actually served with a suit you will need to file an answer. You must file within the time limit set out in the papers you were served. Failure to answer can have dire consequences as they can geta  default judgment,  if you do not show up. If it is in small claims court or a Justice of the Peace Court you may not need an attorney. Demand that they provide you complete documentation to show that you owe the debt and that they own the debt. Many times if you do this prior to suit litigation never happens. Good Luck
811144
For a creditor to garnish your account/wages they must sue you and get a court order.  Being garnished by NY does not allow or prevent that process.  Of course, if the state of NY takes all the money, your other creditors won't have anything to garnish.
278256
They can harass you for the statue of limitations(usually 7 years).  However if they sue you and win a judgement that will reset the statue of limitations and they may get your wages garnished.\n\nHopefully your situation is temporary.  If it is explain it to them and work with your creditor to get back on track.