A collection agency cannot legally threaten to garnish your wages unless they have the legal authority to do so. Under the Fair Debt Collection Practices Act (FDCPA), debt collectors cannot make false or misleading statements, including threatening wage garnishment if they have not yet obtained a court judgment against you.
When Can a Debt Collector Garnish Your Wages?
A collection agency can only garnish your wages if:
✔️ They sue you in court and win a judgment against you.
✔️ The court grants an order for wage garnishment.
✔️ Your state allows wage garnishment for that type of debt.
🚨 Exceptions: Certain debts, such as federal student loans, child support, and unpaid taxes, do not require a lawsuit before garnishment.
When Is a Threat of Wage Garnishment Illegal?
A debt collector CANNOT:
❌ Threaten to garnish your wages without a court order.
❌ Claim they will garnish your wages immediately without legal action.
❌ Misrepresent their authority or act as a law enforcement agency.
❌ Continue collection efforts if the debt is outside the statute of limitations.
🔹 If a collector threatens garnishment without a court order, they may be violating the FDCPA, and you could have grounds to sue them.
What Should You Do If a Debt Collector Threatens Wage Garnishment?
✅ Ask for Debt Validation – Request proof that the debt is legitimate and enforceable.
✅ Check the Statute of Limitations – If the debt is too old, they may not be able to sue you.
✅ Know Your State’s Laws – Some states have strong wage garnishment protections.
✅ Contact an Attorney – If you’re being threatened with illegal garnishment, you may be able to fight back and seek compensation.
Get Legal Help If You’re Facing Illegal Threats
If a collection agency is illegally threatening to garnish your wages, The Wood Firm PLLC can help you take action and protect your rights.
📞 Call us at 844-638-1122
📧 Email us at help@protectionforconsumers.com
Don’t let debt collectors intimidate you—know your rights and fight back today!
