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preventing garnishee

I received a call from NCO telling me that they obtained a default judgement ordering me to pay $7000 in credit card debt (which was actually $5000). They say they can garnishee my wages but can they without having legally served me notice (e.g. through sherriff, registered mail). I am a federal govn employee who has been off sick a good deal over the past 2 years so I am only just now getting back on my feet (and almost lost my house/car and now make my payments on everything including student loans except for 2 credit cards. The NCO lady told me they would not accept a payment schedule but wanted immediate payment of $5700 or they would garnishee. Can they do this and how can I stop this from happening?

Posted from: New Brunswick

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One Response to “preventing garnishee”

Barton Goth – Goth & Company Inc. -Trustee in Bankruptcy said...

From the sounds of it the notice provided when NCO went to court to get the default judgment will likely serve as all the necessary notice for the garnishment, this can vary somewhat by province, but typically a separate notice isn’t necessary.

For reference NCO has no obligation to accepted payments over time as the moment you missed a payment (or were late on a payment) you violated the terms of the original contract, which allows NCO to demand the monies in full at any time.

In terms of how to stop this, the standard things you can consider are a consolidation loan, consumer proposal or the filing of a bankruptcy. Either of these three will prevent NCO from going the garnishment route.