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    JimmyMissy's Avatar
    JimmyMissy Posts: 1, Reputation: 1
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    #1

    Jan 28, 2008, 04:12 PM
    Can my wages be garnished for balance owed to an attorney
    Can my wages be garnished in New Mexico for a balance I owe to my attorney when he represented my in my divorce? I am giving payments however the phone calls to my employer do not stop and the threats of my wages being garnished continue.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #2

    Jan 28, 2008, 04:20 PM
    They cannot threaten garnishment unless they already have a legal judgment.

    Write them a letter, state that they are no longer allowed to contact you at work. State that if they continue, you will report them for FDCPA violations.

    They have to sue you in court, before they can begin to attempt to garnish your wages, they are using foul tactics to try to intimidate you into paying. Don't let them get away with it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 28, 2008, 04:20 PM
    Do you have a written repayment plan.

    So tell them in writing not to call you any longer, and not to call your work, tell them one of two things, that all correspondance has to be in writing, or tell them not to contract you further, ( now then they have to either sue you or not)

    Wage Garnishments -- Bankruptcy Exemptions -- State Statutes -- New Mexico
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Jan 28, 2008, 04:24 PM
    That attorney does not sound very ethical calling your employer. Write them a letter and tell them to only contact you in writing.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Jan 29, 2008, 03:32 AM
    Hello Jimmy:

    Calling your employer is a violation of the Fair Debt Collection Practices Act. Google it. Write them a letter sent certified, telling them that if they continue to violate your rights you will turn them over to the FTC.

    excon
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