Question:
I have been unemployed for awhile due to illness, and I am currently over a
year past due on some medical bills and credit cards. The total amt. of
debt is close to $8000. I am currently living with a friend (who is
helping me survive financially) and therefore dont have a phone # or address
registered in my name, so I have been fairly successful in avoiding all the
collection agencies that are seeking payment from me.
My question is this.....when I go back to work within the next couple
months, will all these collection agencies be able to garnish my wages once
my SSN pops up on their radar due to receiving a paycheck? Or is this
something that only a court can do once the collection agencies obtain a
judgment lien against me? I've heard judgment liens can be won by
collection agencies even though I am never served a subpoena to appear in
court for these debt collections...is this true? If collection agencies can
win judgments against me, how much of my paycheck will be garnished...is it
a percentage or a fixed amt. of money based on my total debt?
Answer:
Q: I have been unemployed for awhile due to illness, and I am currently over a
year past due on some medical bills and credit cards. The total amt. of
debt is close to $8000. I am currently living with a friend (who is
helping me survive financially) and therefore dont have a phone # or address
registered in my name, so I have been fairly successful in avoiding all the
collection agencies that are seeking payment from me.
My question is this.....when I go back to work within the next couple
months, will all these collection agencies be able to garnish my wages once
my SSN pops up on their radar due to receiving a paycheck?
A: If they sue and win.
Q: Or is this
something that only a court can do once the collection agencies obtain a
judgment lien against me?
A: Yes, except for student loans.
I've heard judgment liens can be won by
Q: collection agencies even though I am never served a subpoena to appear in
court for these debt collections...is this true?
A: Yes. They can and will have someone lie about serving you with the
summons. The process server will lie and the lawyer will lie. The
court, not knowing any better, will issue a default judgment against
you. You will have to show up and vacate it in court.
Q: If collection agencies can
win judgments against me, how much of my paycheck will be garnished...is it
a percentage or a fixed amt. of money based on my total debt?
A: They can't drive you below the poverty line. I can't remember the exact
formula in the CCPA offhand.
It is calculated as a percentage of your after tax wages.
