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lytenfit · May 17, 2012, 06:12 AM

My son had his car repo two years ago. The lender has hired an outside collector to collect the remaining balance. The collector informed my son that he was going to garnish his check if he didn't pay the remaining balance.

Can they do that? Call and harass you and threaten you. I don't what to tell my son as far as how he should handle that. What are the laws regarding garnishment in Georgia? Is there a statue of limitation?

Need you advise...

excon · May 17, 2012, 06:19 AM

Originally Posted by lytenfit

Can they do that? Call and harass you and threaten you.

Hello l:

Yes, they can. He's liable for the difference between what the car sold for and what he owed. He can stop them, though, by writing a letter to them telling them to stop. His letter should be sent certified..

Of course, the only thing they can do is sue him at that point, and they certainly might.

excon

ScottGem · May 17, 2012, 06:32 AM

First, its not a good idea to piggyback your question on another thread. To avoid confusion your question has been moved to its own thread.

No its not legal to harass. But, what one person may call harassment another calls if just dunning. The FCRA has rules about what creditors can and can't do.

GA does allow wage garnishments, but they have to file a suit and win a judgment first. And 2 years should be within the SOL.

Since I doubt if he can argue about verifying the debt, the best choice he has is to try and negotiate a settlement or payment plan with the agency.