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I am sorry to hear about this situation.
1) NO, it is not possible to garnish a pension in Florida by a private creditor. See Florida Statute 222.21(2).
2) What she is claiming is not only impossible, but her claim on this is illegal under the Fair Debt Collection Practices Act, which disallows making false claims while collecting. See HERE (Threatening arrest or legal action that is either not permitted or not actually contemplated).
3) The statute of limitations on debt in FL is 5 years at the most. So they cannot sue even if they wanted to.
Someone in your situation wants to send them a letter threatening a lawsuit unless they cease and desist. See example of such a letter below.
To Whom It May Concern:
re: (name, account #, etc)
I have been receiving debt collection attempts from your company for the debt allegedly owed by me from (describe nature of debt). This debt is not valid, and even if it was, it is out of statute of limitations to be litigated. In addition, your agents have been threatening to garnish pension, which is impossible in Flordida and thus, this threat is a violation of FDCPA 15 U.S.C. § 1692e.
Despite me requesting so, your debt collection efforts have continued. Demand is hereby made that you cease and desist - now.
If you continue on, then I will have no choice but to seek redress under the Fair Debt Collection Practices Act for the following violations:
15 U.S.C. § 1692f(1) (seeking unjustified amount)
15 U.S.C. § 1692e (threatening legal action without cause)
15 U.S.C. § 1692e(8) (threatening or publishing false debt on my credit history)
Every violation is $1,000 per incident, plus legal fees.
I now consider this matter concluded. Should you contact me again, I will seek counsel to file an FDCPA claim in federal court.
This normally should get them to leave her alone.
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