What to do if a debt collector garnished my account after we agreed on a settlement and they didn’t send the necessary documentation?

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What to do if a debt collector garnished my account after we agreed on a settlement and they didn’t send the necessary documentation?

I was working with a debt collector to satisfy an old debt. We settled on an amount and I agreed to pay. I asked them to give me something in writing in regards to the settlement before payment was received, I never received the document and a month later my bank account was garnished for full amount of the debt. Can I fight this?

Asked on August 8, 2012 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming you have something in writing from the debt collection company stating that it was willing to take less than the full amount of the debt as satisfaction in full of what is owed and you paid the amount, then you should immediately file a claim of exemption as to the levy with the court and state as a defense that the amount of the debt has been paid in full and the levy was improper.


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