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    I got a call from a collection agency stating that they are going to garnish my husbands wages on a past debt (4 years old) that I had before I was even with him or married. Is that legal? They gave me an option to make payments which I am hesitant about because they say I can't send payments or make them online, they require me to give them my banking info, which honestly I am not comfortable with, considering, once they have that, they could do as they please. Just looking for some answers, opinions, etc.

    We weren't married at the time, I have til 12 pm. supposedly to call them, I am in California. I also stated that I was more than willing to make payments via the internet or mail, etc. and they would not accept that, they are Thomas Thomas & Wichterman...which the first call yesterday really implyed they were a law firm, and now they have stated if I do not set up arrangements (give them my checking info) they will proceed by garnishing my husbands wages, though this isn't even on his credit.

    I agree with what CatDad posted. What the collector is doing, according to the California Penal Code (CPC), is called extortion. [CPC 518. Extortion is the obtaining of,or attempt to obtain property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.] Look up the CPC and read 518 through 527. It also violates the FTC FDCPA. I have included a link to the FTC FDCPA in my profile on here and you should read it. California also has it's own version of a FDCPA (California Fair Debt Collection Practices Act) which you should Google and read. The collecting SOL in California is 4 years for both open and written. Depending on the type of debt if it has been 4 years then it is possible that the debt is past the collecting SOL or it is almost SOL. Things such as fed type of debts, fed backed school loans, child support, taxes, fed backed hospital bills, etc., have no SOL - regular money debts such as credit cards, vehicle/home/personal loans, etc., do have a collecting SOL. If the debt is past SOL then they are making further violations by claiming they will take an action which they cannot legally take since it's SOL. (along with claiming they can garnish your husbands wages for a debt that was created before marriage and your husband was not on the account) They are playing you and they are lying !! Read and use what CatDad posted, along with the CPC, Canton FDCPA and the FTC FDCPA.

    First, they'd have to sue your husband and receive judgment before garnishment can even happen. California's statute of limitations is 4 yrs. for most debts, so they can't legally enforce this debt. That doesn't mean they can't sue, it just gives him an affirmative defense against them. Otherwise, they can request all they want but neither you nor your husband are obligated to give them anything. However, if they did manage to get a judgment, they can by California's Civil Procedure garnish the spouse's wages, even though you weren't on the original agreement or lawsuit.

    They'd have to get a court order before they could garnishee, unless you signed something when you were hired saying they could deduct from your paycheck. That said - it's time to make a payment plan with whoever you currently owe the money to. Whatever you can pay. Make a budget, and stick to it, and get it paid off. You do NOT want bad debt right now in this economy. It will be almost impossible to get credit for another 6 years or so, because all of the banks are skittish to lending to people with less than perfect credit.

    No, your husband is not liable for your personal debt, unless he agreed to be a guarantor or co-signor on the debt. Collection agencies often play on emotions to get you to pay. If it is your debt, they certainly have the ability to sue you, obtain a judgment and garnish your wages. However, that does not entitle them to collect anything from your husband. Do not under any circumstance give them access to your bank accounts. If you have funds that you intend to pay on the debt, by all means pay with certified funds. I have never seen a creditor return a payment.

    * By themselves, debt collectors have absolutely NO legal power over you., they cannot garnish your wages or freeze checking accounts...only a court can authorize this and they’d have to go through the court system to do this. ============================== When a debt collector first contacts you, your first step should always be to request validation of the debt per your rights under the Fair Debt Collection Practices Act. Even if the debt is valid, request validation anyway. Send them a letter via Certified Mail + Return Receipt (do not use regular mail) stating: Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt, including a copy of the original signed application with my signature --------------------------------------... * DO NOT sign your signature on any document that you mail to a debt collector. It could end up on a forged document that can be used against you. Simply type your full name. When they call back, tell them: I have sent a certified letter to your office officially requesting written validation of this alleged debt per my rights under the Fair Debt Collection Practices Act. Per this federal law they must provide written validation within 30 days and they must cease collection activity until they send you written validation. Do not let them scare you with bogus threats during this period. ====================== * NEVER, EVER give out your checking account/bank routing numbers to debt collectors for making electronic debit payments. This is like giving the keys to your front door to a burglar. Once they have this info they can attempt to withdraw any amount from your checking account at any time. * Debt collectors love to create a false sense of urgency...If they’ve waited months/years for your payment, they can wait one or two weeks for any payment or settlement agreement from you. Any “deadline” like 5PM to get any payment to them is bogus. * Debt collectors will often pretend to be (or represent) attorneys when this is not the case. This is a violation of federal law. To confirm if this is a “real” legal threat, ask for their attorney’s full name and license number in the state bar association. Call your state bar association to confirm this info. If they refuse to give this info to you, then the legal threat is probably a bluff. * Debt collectors have NO power whatsoever to have you arrested/sent to jail for not paying them.

    Yes they can garnish his wages for your debt if you are married. I would not give them any banking information. Tell them you are willing to set up payment arrangements but on your terms, not theirs. Put this in writing in case they take this to court. If you get a notice to appear in court please go. I have a friend who ignored this and the company was awared a court order and they took over $1,400 from her account for her husbands debt.

    If your married to him now he is just as liable as you are. unless there was a prenuptial agreement on prior debt they can garnish his wages. and don't give any numbers to the collection agency tell them you will pay by money order or a cashiers check. It's bad enough they are taking money from him now, don't let them empty your account. They must have a court order when garnishing wages, so they have one now.

    How do they know where he works ? They don't have legal authority to do it. Don't give them any kind of banking info. Having said that, you should try settle your debt if you can. I have seen case where the creditor agreed to settle for 20% of the debt.

    No they cannot since his SAN was not on the original debt. That was a good call you made of not giving them your banking will just open your finances up to scoundrels out there.

    They are threatening you with bullsh!t. They could possible garnishee your wages but not your husbands unless they get a court order. They are trying to scare you. Is this a scam? Who knows. Are they sending you monthly statements? if so pay by money order. Don't give them any banking information.

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