Can a collection agency refuse to give information if they are garishing your wages?

My brother has a student loan that went into delinquency, now this collection agency is garnishing his wages. My question is this the loan itself was $6000 he have already paid $40,000 on the loan and when he called to talk about the loan they won’t give him any information and he still owe $6,000 can they with hold information from him such as his balance or the reason he still owe this amount.

Asked on October 16, 2011 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

For a collection agency to be garnishing your brother's wages over a student loan, this means that there is a judgment against him where he was sued and lost the lawsuit either by default or an actual trial or settlement agreement.

If the collection agency that is garnishing your brother's wages refuses to give him information as to the total amount owed on the presumed judgment, your brother is entitled as a matter of law to this information in an attempt to pay off the judgment sooner rather than later.

Your brother should pull the court file regarding the wage garnishment against him to calculate the amount of the judgment, how much has been paid in principal and how much is owed taking into account accrued interest.

If the colelction company continues to be difficult in answering his questions, he may need to consult with an attorney experienced in debt collection practices.

Good luck.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.