Can a collection agency refuse to give information if they are garishing your wages?
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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 12 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.
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