We are sometime asked by debtors whose whose earning are being garnished and whose employer receives a second wage garnishment order whether both garnishments will be enforced at the same time. As the Courts of the State of New Jersey have explained wage garnishments are enforced sequentially.
Posts Tagged ‘Debt Collection’
Wage Garnishments Are Enforced On First Come First Serve Basis
Tuesday, June 29th, 2010What Debt Collectors Can and Cannot Do?
Wednesday, May 27th, 2009People who are experiencing serious debt problems face many difficult decisions. If they feel that they are unable to pay their creditors and debt, they may face the difficult choice of whether to consider a Chapter 7 or Chapter 13 Bankruptcy. These difficult decisions are often exacerbated by constant, harassing phone calls from debt collectors.
The Fair Debt Collection Practices Act (FDCPA) is Intended to Protect Consumers from Abusive Practices by Debt Collectors.
Fair Debt Collection Practices Applies to Mortgagee’s Attorneys in Foreclosure Proceedings
Tuesday, May 5th, 2009Attorneys Who Regularly Engage in Collecting Consumer Debts, Including Those Representing Mortgagees in Foreclosure Proceedings, Are Subject to the Fair Debt Collection Practices Act.
The United States Supreme Court in the Matter of Heintz v. Jenkins, 514 U.S. 291, 294-95, 115 S. Ct. 1489, 131 L. Ed. 2d 395 (1995) Rejected the Assertion that a Law Firm Representing the Original Creditor Is Not a Debt Collector Under the Provisions of the Fair Debt Collection Practices Act.
Some law firms have argued that if they represent the original creditors they are not considered as debt collectors under the provisions of Fair Debt Collection Practices Act. This assertion which is in direct conflict with the provisions of the Act and the authority of the United States Supreme Court in the matter of Heintz supra.
Tags: Attorneys, Debt Collection, Fair Debt, Foreclosure Proceedings, Mortgage, Mortgagees
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