Collection Agency

Can a collection agency garnish your wages for a debt 6 years ago that accured in another state and under a different employer, and constantly harass you on your present employer?

Comments for Collection Agency

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Jul 23, 2012
Collection Agency given un billed debt
by: debtcollectionanswers

You did not provide me with many specifics in your question so I will have to give you a general answer.

First, a collection agency must sue you first and win the lawsuit in order to garnish your wages. Also, wage garnishment is not legal in a few states.

Second, there is a limited period of time during which you can be sued for a debt that you owe. That time is referred to as the statute of limitations and each state establishes its own time limits. Also, different kinds of debts have different statutes of limitation. Therefore, without knowing the nature of the debt, the state where the debt was incurred and when the date was incurred, I cannot tell you if the collection agency is entitled to sue you for the money that you owe at this point our not.

If the statute of limitations on the debt it wants you to pay has expired, the collection agency is entitled to keep contacting you about the money it wants you to pay for as long as it wants. However, it is not entitled to harass you for the money, by calling you repeatedly, threatening you, and so on. Those actions are prohibited by the federal Fair Debt Collection Practices Act (FDCPA) and may also be prohibited by a law in your state.

Also, the collection agency cannot contact your employer about the money you owe other than to ask for your contact information. If it has done more than that, then the agency has violated the FDCPA. Also, if it is harassing you, it has violated the law.

I recommend that you do the following. First, read the first chapter of Debt Collection Answers online for free so that you are more informed about your legal rights. Second, use our Free Debt Collection Worksheet to keep a record of whenever the collection agency contacts you. Third, schedule a free consultation with a consumer law attorney to discuss whether your legal rights have been violated and if so what your next steps should be.


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