Can a debt collector garnish my wages and change the terms of a payment agreement?

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Can a debt collector garnish my wages and change the terms of a payment agreement?

I have a judgement against me, I have no idea what or how that even happened. It’s from a debt collection agency who threatened me to garnish my wages. So I made an agreement to pay them $80 a month. I missed this months payment because work was slow and I could barely pay my rent, now they sent me a letter saying that I need to pay $160 now and $100 a month after that. Is there any thing I can do?

Asked on June 20, 2012 under Bankruptcy Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you had a written monthly installment agreement with respect to a judgment against you but failed to adhere to the terms of this presumed written agreement, for all intents and purposes you breached it.

As a result, the judgment creditor or his or her agent (debt collection agency) can deem the whole amount owed due and payable or change the terms of the prior installment agreement which seems to be the case in your matter.


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