An all too common tactic employed by collection agencies and bill collectors is to falsely threaten to sue you or garnish your wages concerning a very old debt. These false threats usually come from collection agencies that buy old credit card, medical, or other consumer debt for pennies on the dollar then call and try to get paid by generating fear or panic on the consumer’s behalf. These old debts are sometimes referred to as Zombie Debts. Since collection agencies can sue you, and if you are being threatened with suit or garnishment over a debt which you consider old, it is very important to talk to an attorney to learn your rights and understand debt collection harassment laws in Weeki Wachee or the governing laws in your area related to lawsuits. Elkin Peck PLLC servicing Weeki Wachee, practices consumer law, including Florida’s consumer collection protection act, known as the Florida Consumer Collections Practices Act. If the threats are improper, debt collection laws protect you from these types of improper threats.
Except in very limited circumstances associated with student loan debt, your wages cannot be garnished until you have been sued and have lost. If a debt collector threatens to garnish your wages on a debt that is over 5 years old and if you have never been sued on that debt, the mere threat by the debt collection agency likely violates multiple consumer debt laws. The Fair Debt Collection Practices Act (FDCPA) prohibits these types of false threats. If this has happened to you, please call Elkin Peck PLLC servicing Weeki Wachee, at 352-835-7977.
Some people think a debt collector cannot call you to try collect on an old zombie debt. This is not accurate. There is no restriction as to how long a debt collector has to call, however there are various statute of limitations which are defenses to legal actions to collect Zombie Debts. Some debt collectors will prey upon your perceived lack of knowledge about statutes of limitations and will threaten to sue you or garnish your wages in an effort to terrify you into paying money. Often a threat of suit or garnishment will be followed by an amazingly low settlement offer. You should ask yourself…….why are they willing to settle for so little? Because they know the debt is not properly enforceable by legal action, but they hope you do not. There are strict bill collector rules, however, bill collectors often do not follow them. If you have questions about Zombie Debts, statutes of limitations, or wage garnishment, please call Elkin Peck PLLC servicing Weeki Wachee, at 352-835-7977. Consumer Law is all we do! We are lawyers who fight debt collectors who commit debt collection harassment
Many debt collection letters you might receive will fail to advise you that due to the age of the debt no legal action will be pursued.
In addition to servicing Weeki Wachee, FL, Elkin-Peck, PLLC also services the entire Tampa Bay Area.