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Advice if Garnishment Applied to the Wrong Account

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Mark Cappel
UpdatedMar 28, 2023
What are my rights when a collection agent garnishes my wages and applies them it to the wrong account?

If a credit collection garnished my wages and apply it to the wrong account what are my rights?

Your legal rights and options depend on many things, including the state you live in, so you should consult with an attorney licensed in your state to best determine your legal standing and options for taking action.

But attorneys cost money, so if you are only disputing where the money was allocated, and not the actual judgment that led to the wage garnishment, then you may want to first try contacting the creditor yourself to see if this mistake can be fixed without incurring the expense hiring of an attorney. After all, it may just have been a clerical error that is easily rectified.

When contacting the creditor, be sure to have on hand all the pertaining documentation involved with this issue (i.e., the court judgment order, garnishment order, statements on the account to which you think the garnishment should have applied and the account you believe is mistakenly receiving the funds, pay stubs from which the garnishment is taking place, and any other letters, statements, and documents you have relating to this situation).

Hopefully you and your creditor are able to correct this matter easily and without legal action. If not, then unfortunately, you will have to contact an attorney and discuss your legal options.

I wish you the best of luck in resolving this account, and hope that the information I have provided helps you Find. Learn. Save.



Debt statistics

Debt is used to buy a home, pay for bills, buy a car, or pay for a college education. According to the NY Federal Reserve total household debt as of Q4 2022 was $16.91 trillion. Auto loan debt was $1.55 trillion and credit card was $0.99 trillion.

According to data gathered by from a sample of credit reports, about 26% of people in the US have some kind of debt in collections. The median debt in collections is $1,739. Student loans and auto loans are common types of debt. Of people holding student debt, approximately 8% had student loans in collections. The national Auto/Retail debt delinquency rate was 4%.

Collection and delinquency rates vary by state. For example, in New Jersey, 16% have student loan debt. Of those holding student loan debt, 7% are in default. Auto/retail loan delinquency rate is 3%.

Avoiding collections isn’t always possible. A sudden loss of employment, death in the family, or sickness can lead to financial hardship. Fortunately, there are many ways to deal with debt including an aggressive payment plan, debt consolidation loan, or a negotiated settlement.

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