Can a debt collector threaten to garnish my wages?
In California, debt collectors cannot threaten to garnish wages in an effort to collect a debt. Garnishing wages is a legal process that must be instituted by a court, and can only happen if the debtor has not been making payments on the debt. Therefore, if a debt collector is threatening to garnish your wages as a way of getting you to pay, they are not following the law, and you should contact the California Department of Consumer Affairs to report the harassment. Debt collectors, however, are allowed to contact your employer to let them know that you owe a debt. They will not, however, let your employer know any specific details about the debt. Additionally, they are not allowed to contact your employer repeatedly, to publish your name, or use any sort of harassing tactics with your employer. Debt collectors are also not allowed to threaten you with legal action if they do not intend to actually take that action. It is illegal for them to threaten to sue you, file criminal charges, damage your credit, or make any other false threat as a way to pressure you into paying the debt. If you feel that a debt collector is harassing you, or not following the law, you should contact the California Department of Consumer Affairs and file a complaint. You should also contact a lawyer to see what legal actions you can take to protect yourself.
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