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I live in Texas I have a debt collector calling on a outstanding payday loan. She told me she will garnish my wage and in Texas do not need a judgement, is this true. She said they will go and get a stipulated judgment and take my wages as needed. Thanks
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Originally Posted by rayged
To the best of my knowledge there is no wage garnishment in Texas.
HOWEVER - the paperwork involved with payday loans is most definitely not the usual creditor/debtor paperwork and you may very well have agreed to have the money taken from your salary and/or taken without a Court Judgment. It's not phrased as a garnishment - it's phrased in some other way. You basically agree that they can collect the debt directly from your employer. The question has been posted before.
It would appear - and it's not unusual with payday loans - that you have, indeed, signed a stipulated Judgment.
There I no actual garnishment of payroll in Texas so they can not actually do it with a judgement, But all payday loans that I know of have paper work that allows them to file it with your work place to be directly paid.
Basically you didn't read the teeny tiny fine print in their contract and was more intereted in getting the money. It's one of those gotcha type contracts that means you basically signed away any defense in court and they don't have to sue you to garnish your wages. All they have to do is produce their signed contract that you agree to the stipulated judgment. Stipulated means that you agreed to a judgment being entered when you signed on the dotted line if you didn't repay the loan.
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