Can Bill Collectors Garnish Wages and Get Away With it? What Steps Can I Take to Prevent This?
By Joel Marks
The question was asked, "Can bill collectors garnish wages and get away with it, or are there steps I can I take to prevent this? The answer to the first questions is definitely yes. As a matter of fact, certain bill collectors garnish wages, or threaten to garnish wages on a regular basis.
The answer to the second question is, "You do have some steps you can take that can you protect you from this renegade form of debt collection. Before sharing those steps with you, here's another common question debtors ask when they are feeling the heat from over zealous debt collection agencies.
Can bill collectors garnish wages if they are not the original creditor? The answer is, "Yes." Provided that they go through the proper channels of suing the debtor, winning a judgment and the executing said judgment in accordance with states laws in which the debtor resides. It is erroneous to believe that only the original creditor can sue debtors.
If that creditor sells that delinquent debt or otherwise transfers that debt to any debt collection agency, that agency can sue you.
It is important to note, if you are sued and lose, when bill collectors garnish wages, it's through what's called a Court Ordered Garnishment. Which means, not only can they recoup the funds by taking a portion of your wages through your employer, they can also attach your bank accounts.
Let's talk about the steps you can take to protect yourself from this form of debt collection. First of all, you should know that bill collectors garnish wages in all states except: North Carolina, South Carolina, Pennsylvania and Texas. Those states DO NOT allow wage garnishments against their citizens stemming from unsecured debts.
If you live in either of those states and a debt collection agency is threatening you with wage garnishment, you may be a victim of unfair or illegal debt collection tactics. Which means they could be liable to you for attorney's fees, actual damages, plus statutory damages. It is best that you seek out a consumer attorney for specifics. Most of these attorneys will provide an initial consultation at no costs.
If you don't live in either of those states, you'll need to take these steps in order to prevent having bill collectors garnish wages.
The first step to take is DO NOT avoid any bill collector. Although it is a natural inclination to do so, it is a very bad move. No bill collector worth his or her salt is going to easily give up.
That being said, the second step you MUST take is to learn the language of the Fair Debt Collection Practices Act. This law was enacted to protect citizens from illegal and unethical tactics and harassment by bill collectors.
The third step you need to take is set in motion a plan to address your debt problem. Let's face it, in our current economy; numerous individuals have developed major debt problems.
Quite frankly, a high percentage of them currently DON"T HAVE THE FUNDS to pay their creditors. But, they are able to ward off lawsuits, prevent wage garnishments and avoid frozen bank accounts because they addressed their debt problem proactively.
What We Have: Clear and Concise Paths To Help You Get Out of Debt and Live Debt Free without Losing Your Sanity and Dignity. You Won't Find This kind of Guidance Anywhere Else. Not For FREE!
Who It's For: ANYONE who Needs, Wants and Passionately Desires to End Their Debt Problem NOW!
How To Get It: Simply click on the Get Out of Debt link and be prepared to kiss your debt goodbye!
Joel Marks has been helping people get out of debt and avoid both bankruptcy and foreclosure for over fifteen years. Utilizing savvy debt counseling, debt management programs, Federal laws and a team of attorneys, debt counselors and advisors, he has quietly assisted thousands come from under the heavy burden debt. Visit the Get Out of Debt Experts at: Debterasure.com
Article Source: http://EzineArticles.com/?expert=Joel_Marks
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