Home » FAQ » Garnishments » I had a written payment agreement with a collection agency but now an attorney is threatening to garnish my wages for twice the amount I am paying the collection agency. Is this legal?
Wage Garnishement

I had a written payment agreement with a collection agency but now an attorney is threatening to garnish my wages for twice the amount I am paying the collection agency. Is this legal?

Assuming you complied with the terms of the written agreement, turning the account over to an attorney and the wage garnishment threats may be illegal. Does the attorney know about the written agreement? If not, have you informed the attorney of the agreement? Are you currently paying at least as much as the federal limit (or your state’s limit) on wage garnishment? I suggest you contact your state attorney general and ask about the laws in your state and your rights concerning this issue. Also, please review wage garnishment information here…Garnishment Laws

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3 comments

  1. I had a judgment from the courts rendered that I didn’t know about until after my wages were being garnished. I owned real estate and had a vacant property that they served. Public records show that I NEVER lived in that house. I’ve never received an update on how much I still owe and was NEVER served anything personally. Besides all of this, they added about 10K to the total that will be garnished through my pay. I understand interest but 10K is crazy! The total came to $23K that I owed and this included several thousand for this same law firm that is collecting along with an extra 10K. Is this legal? HELP I don’t know what to do!

    • If there is a meritorious defense to the underlying debt itself you may be able to have the judgment vacated, if you have proof of the defenses you assert. But if you don’t have an absolute defense to the debt, getting the judgment vacated won’t stop you from owing in the end, although this process is one of your only chances to regain any negotiating power to lessen the total owed through debt settlement.

      But being realistic, this won’t be an easy task for a layman, and it may not even be possible to properly navigate this legal landscape without the assistance of a Debt Help Lawyer. Given the amount at issue, both with regard to the underlying debt and the interest, court costs and attorney fees, it is likely a wise investment.

      Still, the only way for any lawyer to know if he or she can help you is by getting more details and by a review of your documentation. You can call 888-595-9111 for a free case review from experienced Debt Help Lawyers who can and will evaluate your situation at no cost to you. This evaluation will include an analysis of up to ten different state and federal consumer protection laws which, if violated, will provide offensive leverage against the total.

  2. I am being garnished each week for a federal student loan, I knew it was coming due soon, but didn’t receive ONE notification before the garnishment started…I want to make the payments, but I don’t know who to contact to halt the garnishment and get back on payments schedule…HELP!!!

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