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Can Debt Collector garnish wages after no contact for 6 years?


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#1 tiggertiffin87

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Posted 13 February 2013 - 02:34 PM

2003 I moved out of an apartment with time still left on my lease. (Yah I know, I was young and stupid)

The company then employed the services of a Debt Collector, who bullied me into coming in to their office (I had to bus an hour to get there), and sign legal papers. I can't remember what
they were but in 2004 they got permission to garnish my wages. I never went to court for it, or remember receiving a summons.

They didn't receive any payments as I moved 2003 to another state (had nothing to do with the debt).

2006 they contacted me again and told me that unless I filed my taxes and requested a check on the spot and send it to them, they'd take me to court. So I did it, and I believe I made a few payments before sending them a letter May 2007 that said $200 was my final payment and to consider my account even, stop taking the payments out of my checking account (yah, they made me do auto-draft), and stop further contact.

Then nothing...until today when I received an Employment Subpoena Hearing Summons today. Can they do that? Should I get myself a lawyer?

I'm in Washington State.

#2 pg1067

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Posted 14 February 2013 - 08:34 AM

To respond to the question in the subject header of your post, a private debt collector can only garnish a debtor's wages if the creditor has a judgment against the debtor, which first requires a lawsuit.

As for the question in your post, you appear to be asking if the debt collector is capable of doing something it already has done. Obviously, the answer to that question is yes. If your intent was to ask something different, I cannot discern what your intent was.

As far as getting a lawyer, that probably would be a good idea. At a minimum, you need to ascertain what has happened in the past or what is currently happening in terms of legal action.

#3 Guest_FindLaw_Amir_*

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Posted 14 February 2013 - 09:05 AM

I agree with the previous poster, you may want to discuss this matter with a local Lawyer to advise you further in detail about your rights and how to proceed to address your concerns. I also suggest you read: Garnishment of Wages and the LawBrain: Garnishment article as a good resource to learn more about this topic.

#4 tiggertiffin87

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Posted 19 February 2013 - 01:22 PM

Thanks for the info.




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