Wage Garnishment Old Debt

by MIKE W
(Sylvania,Oh)

I received a letter from a collection agency on 3/16/11 stating I owe a debt with a judgment on it from 2006. This debt does not appear on my credit report and there is no mention of an original creditor and I have never heard from this agency in the past. Can they garnish my wages?

Comments for Wage Garnishment Old Debt

Click here to add your own comments

Mar 21, 2011

wage garnishment after judgment
by: DebtCollectionAnswers.com

Mike,

Before a creditor can get a judgment against you, it must take you to court. You should have been served with a summons at that time. Did that happen?

If you don't believe you weren't served, then you should talk with a consumer law attorney right away. There have been cases where collection agencies did not properly serve debtors before suing them. We would strongly recommend you talk with a consumer law attorney with experience in debt collection cases. Find out how to get a consultation with a consumer law attorney here. There is no fee unless you recover.

If, however, you simply didn't respond to the notice about the legal action being taken against you at that time, then the creditor probably got a default judgment against you. The judgment does open up additional avenues for collection, including possible wage garnishment.

Mike, we would really encourage you to find a way to resolve this. If you can't pay it in full, you may be able to settle it for less than the full balance. If you can't afford to pay it, talk with a bankruptcy attorney who can explain to you what the creditor can and cannot do to you to collect. Most bankruptcy attorneys will provide a consultation initially.

A judgment is not to be taken lightly. If the collector decides to get serious about collecting, it may create problems for you. So really try to find a way to resolve it.

Click here to add your own comments

Return to Copy of Debt Collection Questions.

Learn how debt collection laws can help you!
This website does not provide legal advice.
All information is for educational purposes only.
Copyright 2007 - 2020 by Mary Reed and Gerri Detweiler.
All rights reserved.
DebtCollectionAnswers.com does not sell your personal information.
Read our Privacy Policy here