Video instructions and help with filling out and completing Where Form 843 Garnishment

Instructions and Help about Where Form 843 Garnishment

Hello and welcome to our video my name is John watts I'm a consumer protection lawyer and a big part of my day is spent suing debt collectors and defending consumers who have been sued by debt collectors and here's a question that comes up maybe you get a phone call from a debt collector you get a letter from a debt collector or you see them on your credit report or you actually get sued by them and the question is can I have my wages garnished by this debt collector before they have a judgment against me well there's a couple questions that we always ask number one is their judgment against you if that debt collector has a judgment against you then yeah it's almost a certainty they can garnish your wages unless your wages are low enough that you are exempt from wage garnishment but let's say they have no judgment against you then the second question is is this some type of federal debt like a federal student loan because sometimes those guys can go through what's called an administrative process where they follow all these steps and then they're allowed to administrative league arnis your wages but if it's not that I mean if we're just dealing with Midland Funding portfolio Calvary LVN V these guys are collecting credit card medical debt car loan debt maybe even old mortgage debt and they threaten or suggest to you that they can garnish your wages and they do not have a judgment against you and that's a problem we want to know exactly what are they saying now sometimes they'll try it and be very vague like ultimately things could possibly lead to where we have the legal right to garnish okay maybe that's okay depends on the context but if they're just on the phone like you need to pay this money and you go I'm not paying this money and they well then we're gonna garnish you on your next payday well they better have a judgement to say that assuming it's not one of those federal debts and so if they're doing that or if they're being a little more subtle than that and they say you really need to pay this money I just would hate to see you be garnished and your wages that would be devastating for you so what do you mean what do you may not be guarding sorry the right to garnish me well let's not get bogged down that no you say I want to know do you have the right to garnish me it's either yes or no tell me now and see what they say it sort of pin them down to that where they send you a letter that that suggests something about garnishment again either find out from them or if you're in Alabama you can always give us a call and and describe the phone call describe the letter send us copy of the letter let us look at the lawsuit whatever your interaction between you and the debt collector is we can look at that and then be able to tell you yes they have the right to garnish you or no they don't if they do not have the right to garnish you and they threatened or suggested that they could or would garnish you then they may have very well violated the FDCPA that's a fair debt collection practices that which means that instead of them taking money from you we may need to turn the tables around here and sue these guys so that they're paying you money instead of you paying them money so if we can help you give us a call two oh five eight seven nine two four four seven or you can reach us at Alabama consumer calm thanks for watching this video and hope you have a great day bye bye