Archive for PA FCEUA
Revisiting Wage Garnishment in Pennsylvania
Posted by: | CommentsIn Pennsylvania, wages are exempt from garnishment except in the following situations:
1. For certain actions related to divorce;
2. For support;
3. For board for four weeks or less;
4. For amounts awarded to a landlord arising out of a residential lease. Note that the amount subject to attachment must have the security deposit deducted from it. Also, the sum garnished cannot be more than 10% of the net wages per pay period or a sum not to place the debtor’s income below the poverty level;
5. For items falling within the Pennsylvania Higher Education Assistance Agency Act (student loans); and
6. For restitution to crime victims, costs, fines, or bail judgments pursuant to an order in criminal proceedings.
If a debt collector has threatened to garnish your wages, you should contact an attorney.
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Debt Collectors Joke About Violating the Law
Posted by: | CommentsWatch this video to see how funny debt collectors think it is to call your neighbors and relatives when trying to collect a debt. The debt collectors admit they do it to embarrass you. They claim it is totally legal but it is not. It is a violation of the Fair Debt Collection Practices Act for a debt collector to contact a third party regarding your debt.
If you have been the victim of abusive debt collection, please contact us.
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“I’m Going to Put a Judgment on You”
Posted by: | CommentsOften we hear reports from clients that a debt collector threatened to put a judgment against them if a debt was not immediately paid. This is a misleading statement and may be actionable under the Fair Debt Collections Practices Act and/or the corresponding Pennsylvania law protecting consumers from abusive debt collection practices.
In reality in Pennsylvania, a debt collector cannot simply place a judgment on you. They must go through the entire lawsuit process. See I’ve Been Sued By a Debt Collector in Pennsylvania for an overview of the process. Also, see General Overview of the Debt Judgment & Execution Process. Remember, you should never ignore a lawsuit that has been filed against you.
If you have had a debt collector make a threat to put a judgment on you, have been the victim of any other kind of debt collector harassment or abuse, or simply would like to discuss your debt problems, please contact us. If you are not located in Pennsylvania, you can contact us for the name of an attorney who practices in your area and/or visit the National Association of Consumer Advocates attorney referral website.
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PA State Law Protecting Consumers from Debt Collectors
Posted by: | CommentsPennsylvania has a law that somewhat mirrors the Fair Debt Collection Practices Act (FDCPA). It is called the Pennsylvania Fair Credit Extension Uniformity Act. In general, it provides consumers protection from debt collectors AND creditors. What follows is a brief summary of the law. A creditor and/or debt collector may not:
- Communicate with a third party about your debt unless they have your prior consent or the express permission of a court.
- Communicate with you at unusual times or places, or at work if they know your employer does not approve of the contact.
- Harass, oppress, or abuse you or any third party while collecting a debt.
- Make or use any false or misleading statements when collecting a debt.
- Use unfair or unconscionable means to collect a debt.
Source: PA Attorney General Tom Corbett’s Bureau of Consumer Protection Booklet
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