The collection agency calls and says that you better pay up.  If you don’t pay, then we’ll garnish your wages.  Believe it or not, that can be a great phone call to receive if you live in Pennsylvania.

This is a common threat that is issued by the collecton agencies.  It works very well for them because nobody wants their wages to be garnished.  Unfortunately, it is also an illegal threat. 

Pennsylvania is one of the few states that do not allow creditors to  garnish wages.  There is no exception to that law, at least not when a collection agency or credit card company is involved.  Wage garnishment for credit card debt cannot occur in Pennsylvania, period. 

Regarding the threat, as I said above, it is illegal.  There is a federal law known as the Fair Debt Collection Practices Act (FDCPA for short) that protect consumers.  One of the main components of this law is that a debt collector cannot make a threat that it cannot follow through on, or it can’t make a threat that is illegal.  Since wage garnishment is not permissible, by law, in Pennsylvania, making such a threat is illegal. 

The FDCPA gives you the right to file a lawsuit against a debt collector that makes this sort of illegal threat.  There is a statutory $1000 damage penalty, along with an imposition of reasonable attorney fees.  In that regard, your attorney is free.

Call our office if you have been threatened with wage garnishment in Pennsylvania.