I live in NJ. Is there any possible way for wages to be attached without court authorization? A CA informed me that unless my husband contacts them by June 28th to resolve a "claim" they will be in touch with his employer to make "arrangements" to have the $$ taken out of his pay. I asked if they intended to take him to court, and she told me that they could do this without a court order. I think this sounds a little fishy.
Wage Execution is a post judgment remedy, not a PRE JUDGMENT remedy http://www.eklg.com/Collection/collection_information.htm They need to SUE YOU FIRST, and get a judgment But I am under the impression that the CA is threatening you. I wonder if this is a violation of FDCPA to make false claims and threaten something that they do not/ or can not perform
If the debt concerns guaranteed student loans, they can garnish your wages without a court order. It's called an administrative wage garnishment
Government agencies can garnish without a court order, a normal CA can't. Can you tell us a little more about what the debt is? If it's credit cards or something like that, start your paper trail. They are violating your rights and you may end up suing them for a grand or so.
Thanks to those who replied..I was pretty sure that they could not do this, but wanted to be sure. No, its for a Wal-Mart credit card, not a student loan. I have them on another violation too, no mini miranda..I had no clue what the call was about, was told originally it was some sort of "claim", otherwise I would never have spoken with her. Here's another question...since the card is my husbands, but the violations happened to me...who sues? Him or me?
Sounds to me like he has several violations, starting with them discussing the debt with you. Can you file jointly? You know, Mr & Mrs Credit Savvy vs. Big Bad CA.
