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Collections Law/Stopping a Writ of Garnishment


Hi, My husband has a medical bill that was turned over to Collection/Judgement to Faber and Brand out of Columbia, MO (we live in Arkansas) in April of 2012. He has made payments every month and two days ago received a Writ of Garnishment in the mail. My plan is to go to the courthouse and file a response. In this response I am asking for a stop to the Writ and am supplying copies of all the cancelled checks for the past year that show we have made all payments. In addition, I will have 3 copies, one to file with the courts, one for my records and one for Faber and Brand that I will send certified mail. In the letter that I am sending to Faber and Brand, I am asking them to stop the Writ, correct their records and to send me an itemized statement of my account. I suspect they are not calculating the interest rate correctly on the amount due, which is 5.75% per annum. Is there anything else that I can do, and what can I expect to happen after I do this?

It sounds like you have everything pretty much covered. It would be much better if you had a letter showing that the collection agency had agreed to accept monthly payments. If they bring that up, you argument should be that they accepted more than two connective payments therefore by default had agreed to the payments.  As far as the interest is concerned, the court should take care of this for you. Good luck with this,

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Ray A Miller


I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.


I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

ACA International

Some college ACA Certified Collection Specialist

Past/Present Clients
I am retired due to medical conditions and spend a good deal of time keeping current on collection issues.

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