Expert: Chris Ebert - 2/25/2010

Question
QUESTION: I am in debt. I am the only one working. Can the collection agency call my place of work? Also can they garnish my taxes? Thank you.

ANSWER: Kelly,

The collection agency can call your work until you tell them that your employer does not allow you to accept collection phone calls on the job. If they call you, then take their name, address, and phone number and send them a cease and desist letter. I have provided a sample letter here:
http://www.henleycreditlaw.com/266/

Send it via certified mail to the debt collector. Allow them a few days to remove them from your system. If they continue to call, contact a local attorney by going to http://www.naca.net or calling us at (214) 552-6647.

I do not think they can garnish your taxes or your tax refund directly. Depending upon your state they may be able to garnish wages or bank accounts if they win a lawsuit against you.

Chris Ebert
http://www.henleycreditlaw.com

---------- FOLLOW-UP ----------

QUESTION: Thank you for your quick response. I checked out that attachment for cease sample letter. I am not disputing that I owe them money I just don't want them calling my workplace. Can I use the same letter but leave out the "amount owed " part, I don't want to acknowledge the balance just yet. Oh, and by the way I live in Florida in case this changes anything. I have no lawsuits, as of yet. I am sure they are to come. But in the meantime how can i cash my tax return without it being documented [aside from the IRS} that I have that money? Thanks again for all your help.

Answer
Kelly,

You can leave out the dispute part if you like.

You can probably take your IRS check to a check cashing place and pay their fees to cash it there. I am not sure I would worry about depositing a check to my account if there is not a judgment yet.

Chris Ebert
http://www.henleycreditlaw.com