I received a letter from an attorney saying they are going to garnish my wages to pay back a doctors bill, can they do that?

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what can i do, if anything to keep this from happening?

Attorney Answers

3
Shawn Alexander ·
I agree with the prior answers. Unless there is already a judgment that constitutes a threat and is a violation of the FDCPA. You need to consult with a consumer protection or bankruptcy lawyer locally for private and specific advice on your particular issues. Many lawyers on this site offer a free consultation and you can find one near you, make an appointment for legal counseling, and take your paperwork and a written chronological summary. 1. Keep a detailed log of all calls and letters and a paper file of all information. Because persistent violations of the FDCPA are punishable by statutory fines and attorney’s fees under federal law, but you need hard evidence. 2. Make a written demand that all further communications from creditors is in writing under 15 USC 1692 (c). The letter should also contain a dispute of the validity of the charges and include a demand for a complete accounting with signatures, and all contents of their file. The creditor then has 30 days to reply and they may not take any action until you have been sent the validation. Bear in mind that this may be motivation for the collector to work your account when the file comes to them from the original creditor with new information pressure from the original creditor to collect. 3. Do not give them any personal information because that is how collectors decide on which accounts to recommend suing. Remember they may not tell the truth and will say just about anything to get a payment from you and that payment reaffirms the debt, gives them information about you and your bank and ability to pay. 4. If you are going to make payments use money orders only and never personal checks, wire transfers, money grams, or “check by phone.” If the collector finds a bank account, the collector will be more likely recommend a lawsuit to their legal department. 5. Collections are negotiable; the original creditor has given up and is losing up to 50% on the face value already either by splitting any return or selling at a huge discount. In addition, the costs of a lawsuit although discounted still are a factor in the decision to settle with you. If you are going to settle mark the check “settled-in-full” at the very top back of the check and include a letter explaining that you are offering a settlement, keep copies of everything. 6. Get written confirmation of any payment plan the agency will accept before making a payment. 7. Specify in writing that all payments shall be applied to principle first. If you’re ready to throw in the towel, go see a local bankruptcy attorney and explore your options for federal protection. The protection will even look back 90 days from filing, get back money taken by the collectors, and apply it fairly. DO NOT use a paid debt settlement service; most of them are scammers. Links to your rights; http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf Debt validation template http://www.credityoda.com/debt-validation-letter.html Look for a qualified consumer protection attorney for a low cost or free consultation: http://www.naca.net If this answer was helpful, please mark as helpful below. Be sure to indicate the best answer. Good Luck Washington collection agency complaint form: http://www.dol.wa.gov/forms/600006E.pdf Washington statute regulating collection agencies: http://apps.leg.wa.gov/rcw/default.aspx?cite=19.16 Consumer rights in Washington: http://www.dol.wa.gov/business/collectionagency... You can search the web site under the Find a Lawyer tab. Act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are.
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Matthew Berkus ·
Yes, it is possible. They would have to sue you first and obtain a judgment, but once they do that, they can then garnish your wages. To keep it from happening, apply common sense...your options are. 1. Pay the bill 2. Call them and work something out (settlement or payment plan). 3. File bankruptcy and discharge (eliminate) the debt Not rocket science.
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Eliot Wolf ·
In my jurisdiction, the bill would have to be reduced to a judgment first (they would have to sue you for the bill amount). If you do not believe there is a basis of contesting the bill and can't/won't turn to counsel, you may be best trying to enter into a payment plan that you can handle. Attorney is getting percentage of money collected for doctor and getting money from a payment plan without working too hard for it may be best out for all involved.
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