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Lawyer threatening to garnish wages and sue over CC Debt


Jamez
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:cry:

I've had a maxed out $6,000 credit card for about a year (when i lost my job). I made payments for 6 months and have not been able to pay anything for the last 6 months.

Yesterday a lawyer from the workmans office called and said they are going to sue me unless I send a large amount of money to cover for lost time.

Then he said they would garnish 25% of the wages that i earn. I told him I don't make enough to send any large payments in and that $100 a month is stretching it RIGHT NOW because of car repairs that i need to have to get to work.

Again he threatens to sue and garnish 25% of everything i make....

IS THIS LEGAL!? CAN THEY DO THIS TO ME??? :cry:

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Some states allow garnishment, some do not. Garnishments are governed by federal law, there is usually a cap of 10% ( if I remember) of your take home pay, and there is a floor tied into the minimum wage. if you are also paying chid support or a tax lien, the total that can be garnished is 25% .

And they can't do anything til they obtain a judgment. Which means they have to sue you.

I consider this man's threat to cross the line. I bet he isn't a lawyer but wanted you to think he was. Get an account at www.tel-biz.com and call him back and have him repeat the threat. Might be worth a violation.

Complain to the FTC, your state AG, his state AG ( if in another state) and see if the firm belongs to the ACA. You can complain there, too.

They should be sending you a demand letter. When you get it, DV them and tell them you will sue for FDCPA violations if they continue to harass you.

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If he threatened to sue you in a court outside of where you live that's a violation of the FDCPA too (15 USC 1692i(a)(1))

Also, if you do not receive a letter from this attorney post-marked within 5 days of the call stating that you have a right to dispute and request validation, he breaks the law there too.

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i live in arizona.

where can i find out if its legal to garnish my wages? and the max amount?

when i call his number a secretary answers as "workmans law office" and i have to ask for his extension...

Today he told me that if they sue he will add $2,500 in legal/court fees to my balance making it near $10,000

He also tried to twist my words around and asked where all my money was going ...

When he calls again I'm going to tell him I'm contacting my own attorney to possibly file a harrassment countersuit and also for possibly violating my rights and blackmale/extortion.

what do you guys think ? if he isnt a real lawyer isn't that also a violation of the law ?

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