Can my wages be garnished? That may be the number one question that I receive at my office from individuals who are facing a credit card or debt collection lawsuit.
In Pennsylvania, the answer is no, with conditions. Pennsylvania is one of only four states (at the time of this writing) that does not allow wage garnishment for credit card/collection agency lawsuits. Let me explain the conditions now. First, the individual must live and work in PA to be protected. Second, and this is a big one, the lawsuit must have been filed in Pennsylvania as well. If you can meet all three of the listed criteria, your wages cannot be garnished here in our state.
What is unclear is what happens if you are sued in another state? Or if you live in PA now but previously lived in another state where judgment was entered? There is not a whole lot of case law on interstate debt collection regarding Pennsylvania. There is also a bit of a conflict in the law here. Pennsylvania does not allow wage garnishment for this type of debt. However, the federal Full Faith and Credit Clause sets forth that all states must honor the judicial rulings of other states. On the other hand, our state Attorney General, although not the final arbiter on the issue, has set forth an opinion that this clause is contrary to Pennsylvania law on this issue and that wage garnishment are not permissible. A final decision needs to be rendered on this recurring subject.
Unfortunately, the fact that wage garnishments cannot occur in PA does not stop unethical debt collectors from making such a threat. That is the basis for the telephone calls to my office. Joe Debtor has defaulted on a credit card account. His account gets transferred to a collection agency. The collection agency then calls Joe and demands payment. When he advises that he cannot afford to pay, the collection agency threatens a wage garnishment. There are two problems with such a threat. The first is that the threat cannot be carried out because wage garnishment is not legal in PA for those purposes. The second is that the debt collector has just violated the Fair Debt Collection Practices Act based upon his illegal threat. If this happens to you, you will have the right to file a lawsuit against the collection agency for monetary damages.
There are a few scenarios where wage garnishment is legal in Pennsylvania. These are very limited in scope and are as follows:
1) for judgments regarding spousal or child support;
2) for failure to pay PHEAA student loans;
3) for room and board for 4 weeks or less;
4) for back rent on a residential lease; and
5) for obligations relating to a final divorce distribution.
By: Greg Artim
Pennsylvania Wage Garnishment Law
Understanding the Human Side of a Debt Collector May Help You Deal With One (part One)
Copyright (c) 2008 Stephen Lau
In the present financial climate, debt collection is commonplace and many people may have to deal with debt collectors due to delinquencies. To deal with creditors is an art.
If you are among one of them, you may think that debt collectors are inhuman: they may have harassed you relentlessly.
Nowadays, many individuals have become debt collectors simply because they need a job, because they want to help others, or, for some, because they have a strong need for control and power. Whatever, debt collectors get trained, but do not go to school to become debt collectors.
Remember, debt collectors are just human, like everyone else. They, too, may have problems paying their own bills.
Understanding the human side of a debt collector may help you deal with one successfully. You must understand that their work environment is always filled with negativity. They need to call you incessantly and relentlessly: they would like to see as many as possible their clients become current. Like most other types of work, they have their own daily, weekly, and monthly goals to meet too.
As a smart consumer, learn how to deal with a debt collector. Dealing with debt collection is less of a hassle if you have the know-how.
According to Sun Tsu’s famous book “Art of War”, “Know the enemy and know yourself; in a hundred battles you will never be in peril. When you are ignorant of the enemy, but know yourself, your chances of winning or losing are equal. If ignorant both of your enemy and yourself, you are certain in every battle to be in peril.”
So know your debt collector (your imaginary “enemy”) and know yourself, and you will resolve your financial problems successfully.
As a smart consumer, it is important to make your account current. It is to your own advantage if you do. Ignoring your debt or delinquency problem – what most consumers choose to do – will not make the problem go away. Make your account current through a plan (knowing yourself, such as how much payment you can afford, and what to do with your current emergency debt situation) and good communication with your debt collector (knowing your “enemy”, such as making the debt collector help you resolve your financial problems).
Knowing yourself also implies adopting a positive and confident attitude before and when you make your initial contact with your debt collector. Remember, you are not a bad person just because you cannot pay your bills. When you put down your name on the dotted line to obtain a credit or loan, you probably did it with good intention. When you are having a financial problem, take care of yourself first and foremost. Do things that may lift up your spirit – things that do not require further straining your finances, such as going camping or fishing (but certainly not going on an expensive vacation).
Be open-minded; avoid being neither defensive nor aggressive when you contact your debt collector. Remember, he or she is human, just like you. An attitude is never a good communication skill, and will not get you anywhere.
Rest assured, your debt collector knows your name and address, your home and work phone numbers, the amount of loan, whether it is secured or unsecured, your payment history, your late payments, and your last payment date and amount. Your debt collector has everything in front of his or her computer when speaking to you. Therefore, you must have the same level of information, otherwise you might feel being intimidated while speaking to a debt collector. That is to say, you must also be as prepared as your debt collector to stay in the same level of information.
As a smart consumer, always request a copy of the payment history and a copy of your contract for the delinquent account (if you have not already done so), and have them mailed to you. This may not only buy you more time, but also show your intention to resolve the problem. To protect yourself, you must read your contract in its entirety and review your account payment history. If errors occur, use them to your advantage.
Review your state’s laws regarding collections and the federal Fair Debt Collection Practices Act (FDCPA) to know your rights as a consumer. Know what a debt collector can and cannot do. If you do not wish your debt collector to call you at work, fax a request to that effect. A debt collector cannot disclose your debt information on a telephone answering machine without your prior permission, or by mailing you a postcard.
If you are knowledgeable of the law and your rights, your debt collector will know that he or she cannot intimidate you.
(Part Two will be on the communication with a debt collector.)
By: Stephen Lau