August 1st, 2011 by Questions
I was behind two months in loan payments to citifinancial someone from their head office called my employer HR dept and was transferred to my supervisor asking personal info and wanted to fax a garnishment of wages form directly to my supervisor is this legal? Is there a process that citifinancial needs to notify me in writing before such aggressive behaviuor
Posted from: Ontario
One Response to “Threatening garnishment”
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August 01, 2011 at 7:47 am, A licensed trustee said:
I’d need to know a lot more iformation before I could tell you whether or not Citi Financial is breaking any laws.
A creditor is permitted to contact your employer to confirm employment and to determine contact information. They are not allowed to call you at work so frequently that you job is placed in jeopardy.
If the creditor has sued you and obtained a Court Order allowing them to garnishee your wages then they are not required to tell you before they contact your employer. They simply send the notice and then your employer starts deducting money from your pay. After the first deduction your employer is supposed to give you a copy of the Order.
Sorry – none of this is pleasant. Talk to your HR people to find out if an Order to garnishee has been sent to your employer. If it has you may want to talk to a professional about your options.