Categorized | Other

What can a collector do to me?

This is the number one question at my law office right now, everyone wants to know what the creditor can do to them.  I usually do not answer this question until I ask several of my own questions first.  Who is pursuing you?  That is the most important quesiton that I ask in every case.  If the answer is ” a collection agency” or “A debt buyer”, then I do not ever answer the client’s initial quesiton of “what can they do to me” because it will never matter.  If you are being sued by a debt buyer, then you MUST hire a consumer attorney, whether its my firm or another firm, because you are very likely to prevail in court and then it will never matter “what they can do to you”, as they will not be able to do anything after we beat them.

Now having said that, not every case that my office handles is a winner.  There are times when an original creditor will beat us and the question “what can they do to me” has merit.  The first thing is that if you do not file an appeal, their judgment can become final in the Court of Common Pleas.  That judgment will accrue interest at the rate of 6% essentially forever.  After judgment, they can attempt to garnish a bank account, if they know where you bank, and if the account is not a spousal account (spousal joint accounts cannot be garnished by a collector unless the judgment is against both husband and wife… this protection applies to ALL spousal assets).  The collector can also try to place a levy on your personal property (to expose it to public sale) but this route is taken in less than 20% of all judgment cases, in my opinion.

The collector CANNOT garnish wages in PA for this type of debt.  That being said, they can garnish a bank account that has wages in it.  Once a wage is deposited into a bank account, it is no longer a wage.

The collector can also send out what are called “Discovery requests” in the form of interrogatories.  These are questions asking you to list all of your assets.  Unfortunately, you must answer these questions or you can be subject to sanctions from the court.  Once the creditor learns of any assets after using these forms, they can try to execute on these assets using a Sheriff and a Writ of Execution.

This is pretty much the gamut of what we see being done by collectors.  If you are facing a credit card or other collection lawsuit, please contact my office for a free consultation.

 

Credit Card Lawsuits

If you are faced with a credit card lawsuit, whether its an original creditor or a junk debt buyer, contact my office at 412-823-8003 right away. We offer a free, no obligation review of any credit card based lawsuit that is filed in PA.

FDCPA Attorneys

Many Debt Collectors threaten people, that's a fact. Threats of wage garnishment, jail, fraud charges and contacting employers, friends and relatives happens every day to people just like you. The truth is that most of these threats are illegal. If a debt collector is threatening you, contact our office at 412-823-8003 for a free initial consultation.