Can a debt collector threaten to garnish my wages?

In Kansas, debt collectors are able to threaten to garnish wages if a consumer fails to pay back a debt. However, the debt collector must follow the Consumer Debt Defense Law. The law requires debt collectors to follow certain guidelines when attempting to collect a debt. First, the debt collector must provide a written notice to the consumer. This written notice must provide details such as the amount of the debt, the creditor’s name, and the last payment to the debt collector. This notice must also include specific language authorizing the debt collector to seek payment of the debt through garnishment of wages. Second, the debt collector must provide the consumer with an opportunity to dispute the debt in writing. This gives the consumer the right to question the debt, and if the debt collector can not prove it is valid, they will be unable to garnish wages. Finally, the debt collector must obtain a court judgment in order to garnish wages. This means that the debt collector must take the consumer to court and prove that the consumer owes the debt and is unable to pay it. Then, the court will issue a ruling that the debt collector can garnish a portion of the consumer’s wages. It is important to remember that debtors still have rights under the Consumer Debt Defense Law. If a debt collector is threatening to garnish wages, the consumer is able to dispute the debt, or request that the debt collector provide more information about the debt. Consumers should be cautious when dealing with debt collectors and seek legal advice for more information.

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Can a debt collector threaten to garnish my wages?

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