Can a debt collector garnish my wages without a court order?
In North Carolina, a debt collector cannot garnish your wages without a court order. If you are behind on payments, debt collectors can attempt to collect the debt by sending you letters or calling you. However, they cannot take your wages without a court order. A court order is known as a “garnishment” and must be legally issued by a court of competent jurisdiction in North Carolina. When a debt collector sues you to obtain a court order, they must notify you of the lawsuit. Once you are served, you can choose to represent yourself in court or hire a lawyer to represent you. At the court hearing, you must present any evidence you have to contest the amount of debt the debt collector is seeking. If the court grants the debt collector a garnishment, they can then take a portion of your wages to pay off the debt you owe. It is important to remember that a debt collector cannot garnish your wages without a court order. This is because it is against the law in North Carolina for them to do so. If a debt collector attempts to collect on a debt through a garnishment without a court order, you should contact your local attorney’s office or consumer protection agency to find out how to protect your rights.
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