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Did someone threaten you with Wage Garnishment? It’s a hollow threat!

Article by SCF. Filed Under: Scare Tactics

 

Threat of Wage Garnishment is often used by scammers posing as debt collectors to coerce cash from people. Most of these calls have no connection with any loan that the victim might have taken. The calls are usually extortion attempt to scare a victim to pay. The money paid by the victim goes to the criminals, not to any payday loan company or debt collector.
 

Several users have reported to be receiving calls threatening wage garnishment. Kelly reports that she was called by someone  stating they were going to garnish her wages “today at 2pm”  for 1447.23 for a 350.00 pay day loan dating back to Jan 2012 which she never had or received.  http://www.scamcallfighters.com/scam-call-5153757021-international-recovery-services--going-to-garnish-my-wages-Debt-Collection-5956.html

 

Read more “Wage Garnishment” stories filed by users at: http://www.scamcallfighters.com/search-phone-Wage-Garnishment-scam.html

 

LENDERS CANNOT GET WAGES GARNISHED WITHOUT A COURT ORDER


Consumers need to know that a Lender or a Debt collector CANNOT get your wages garnished by simply writing to your company! There is no such provision in law. Even if you have agreed (in the loan agreement) that wages be garnished in case of a delinquency, the lender or debt collector has to obtain a court order to get wages garnished.

No employer will entertain a request by some company, to garnish your wages if its unsupported

 

WAGES CAN BE GARNISHED WITHOUT COURT ORDER, ONLY IF YOU OWE MONEY, TO THE GOVERNMENT


Federal law allows federal agencies to require employers to garnish employees’ wages without a court order, when the employees owe the government money. That’s only when you owe money to the Government!

So the talk of a debt collector or a lender that “your wages will be garnished”, if you do not pay cash within certain period, is nothing but a hollow threat.
 

COURT PROCESS FOR WAGE GARNISHMENT IS A LONG DRWAN AFFAIR


A court process for wage garnishment is a long drawn affair and you would be very much aware of the process, since you would have received court notice by mail.

Never get hassled by calls threatening wage garnishment, restraining order or arrest. You could safely presume that the caller is a scammer or an illegal debt collector. Ask him to sent a Debt Validation Notice in accordance with FDCPA. Tell him that you are aware of scams and has been advised by FTC to respond or act, only after receipt of a valid Debt Validation Notice. Also ask them firmly, not to call you again.  (Don’t bother about threat of arrest etc. Legal actions do not happen out of the blue)

You will NOT receive a genuine Debt Validation Notice from the callers who make scare calls. They are part of criminal extortion gang who has got hold of your phone number from a random list of people. They may have some personal info which is again stolen from various sources. Don’t make the mistake of giving them your address or names of your family members and any other personal info.
 

BEING FIRM AND INFORMING THE CALLER THAT YOU CAN NOT BE SCAMMED


If they call you again   be firm and tell them that the call is being taped  as advised by the Police Department  and that you have filed compliant with the Local Sheriff’s Office, FTC and the FCC.

 

Once the scammer knows he has just called a tough nut who is aware of  scams, he will not call again. He will tick you off the list.  The reason is simple!  There is no gain for scammers in calling someone repeatedly, once they know that the target of scam  is not going to fall for it!  It would be a waste of resources and time for the scammer to follow up with people who are never going to pay.

 

Remember, if you are soft, you will be scammed one day or the other. The crooks won't leave you alone, once they know you are a soft target. 


FILE COMPLAINT ABOUT SUCH CALLS WITH:


Federal Communication Commission (FCC) - www.fcc.gov/complaints

FBI (IC3) - www.ic3.gov/default.aspx

FTC - www.ftccomplaintassistant.gov

More info at FTC Website:  www.ftc.gov/opa/2010/09/getecash.shtm

 

NO WAGE GARNISHMENTS IN THE STATES OF PENNSYLVANIA, NORTH CAROLINA, SOUTH CAROLINA OR TEXAS


If you were a resident of State of Pennsylvania, North Carolina, South Carolina or Texas when you obtained the loan, your wages can not be garnished by a private lender. The law of these states prohibits wage garnishment by private lenders and hence they cannot obtain a court judgment to garnish wages.

 

Did you ever get such threatening calls? Share your experience in the COMMENTS section below, for the benefit of other consumers.


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