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Garnishment threat.....

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Some are sneaky about it though. 2004 I had a garnishment and how I found out about it was on payday! Never went to court, never got a summons, nada. Apparantly they "served" me by the ole posting in a newspaper trick, a paper not "in" my county but "near" my county which is ok under MO law. Total BS if you ask me. They posted for the req'd 3 consecutive weeks and of course I don't even read my local newspaper let alone one from another friggin' county, I of course didn't show up coz didn't know and whambam got a default judgement unbeknownst to me. Fortunately my company, 128 yrs old and the largest in the world for what they do, committed some violations in the process of allowing the garnishment and I got the money they took back in a matter of a week.

Moral of the story is keep vigilant and don't get back doored like I did.

If they threaten a legal action they are req'd to follow thru I think in 90 days? Not sure about an OC but if a CA makes legal threats they are in FDCPA violation if they don't follow thru.

Edited by Baggins
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Can a financing company garnish your wages before going to court in any state, particularly GA? Is it legal for them to call you and threaten to have your wages garnished?



Hi Taol....

I'm in GA also.

Just as everyone else indicated, they cannot do this. They are just threatening you.

As they are the original creditor, I think they are ok with this "threat" to go after your wages.


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I went on the site you have and read the FDCPA, does this apply for creditors as well. I asked them not to call me at work but they continue to do so. They claim they only had to put a 48 hour hold on the account.

FDCPA applies to debt collectors only. Now once they start legal action against you and they hire renta-legals then the FDCPA will apply to the atty's they hired but not the original creditor.

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