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If I have an outstanding debt that is no longer on my credit

 
JD 1992's Avatar
  • Answered by:JD 1992
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Customer Question

If I have an outstanding debt that is no longer on my credit report, can a creditor garnish my wages?

 

Optional Information:
Country relating to Question: United States
State (if USA): Kentucky

Submitted: 269 days and 6 hours ago.
Category: Consumer Protection Law
Value: $48
Status: CLOSED
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Expert:  JD 1992 replied 269 days and 6 hours ago.

What kind of debt?

Do they have a judgment (after a lawsuit)?

Customer replied 269 days and 6 hours ago.

It is a collection account from 2003. Never had a judgment against me or anything like that. A new collection agency contacted me in Feb and now they are saying they will garnish my wages after 6 months from the time they contacted me.

Customer replied 269 days and 6 hours ago.

Also, it was for a Dell Computer

,

It is a collection account from 2003. Never had a judgment against me or anything like that. A new collection agency contacted me in Feb and now they are saying they will garnish my wages after 6 months from the time they contacted me.

Customer replied 269 days and 6 hours ago.

Dell Financial Services charged off my account in 2006

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Expert:  JD 1992 replied 269 days and 6 hours ago.

They can't garnish your wages unless you have been sued and they got a judgment but collection agencies are known for lying.

If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Customer replied 269 days and 6 hours ago.

Thank you, XXXXX XXXXX have one more question. If they continue to contact me, do I need to just ignore it or how can I get them to leave me alone?

Customer replied 269 days and 6 hours ago.

Can they sue me over an account that has been charged off?


 

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Expert:  JD 1992 replied 269 days and 6 hours ago.

They can sue you over an account that has been charged off but they rarely do.

To get them to stop contacting you send them a letter by certified mail, return receipt requested, with the following language:

“Please be advised that, as I have informed you, I dispute the validity of this debt. Pursuant to the state and federal Fair Debt Collection Practices Act(s) I hereby instruct you to cease all communications with me regarding the alleged debt. Any further attempt by you to contact me will be construed as an intentional violation of the law.”

After that they are supposed to stop contacting you.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Customer replied 269 days and 6 hours ago.

Ok, thank you. If they decide to sue, can they garnish the wages from a Social Security Disability check? Last question, I promise.

Picture
Expert:  JD 1992 replied 269 days and 6 hours ago.

No, they can't garnish from a social security check.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Customer replied 269 days and 6 hours ago.

Thank you so much. You have been more than helpful and I am going to give you the best rating. Also, if I ever have another question I will ask for you specifically. I cannot thank you enough.

Accepted Answer

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Expert:  JD 1992 replied 269 days and 6 hours ago.

Best wishes to you. Glad I could help.

Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 98.5 %
Accepts: 1854
Answered: 8/17/2012

Experience: Began practicing in 1992 and handled many cases and trials for consumers

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