GC Services Threatened To Garnish 75% of Pay, Consumer Alleges

by Donald Petersen on March 5, 2011

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A consumer sued GC Services alleging that GC Services violated the Fair Debt Collection Practices Act (“FDCPA”) by telling consumer “we have a wage garnishment set to go through” in three days. According to the Fair Debt lawsuit, GC Services told the consumer that GC Services would garnish 75 per cent of his pay from his job at a convenience store.

The Fair Debt lawsuit also alleges that, when the consumer informed GC Services that he had a lawyer, GC Service’s employee told him that he was “f____g lying” about having a lawyer and told him that the debt was “your f_____g responsibility”. (If proven true, the consumers’ allegation that the debt collector used profanity would violate the Fair Debt Collection Practices Act.)

The Fair Debt lawsuit further alleges that GC Services had not sued the consumer, no lawsuit had been filed, and no judgment has been entered against him.

Collection agencies that threaten to sue consumers frequently violate the Fair Debt Collection Practices Act.

The facts alleged in the Fair Debt lawsuit are just that — alleged facts. The truth or falsity of the consumer’s allegations has not been proven in any court.

For description of other consumers’ lawsuits alleging that GC Services Limited Partnership violated the Fair Debt Collection Practices Act, click on this sentence.

For information about GC Services collection agency, click on this sentence.

If you are a Florida resident who is receiving calls including messages from GC Services, please fill out the Harassment Contact Form in the right hand column. If you are a Florida resident, you are also welcome to call my office.
I will contact you to discuss your situation and evaluate your potential FDCPA case without charge to you.

(C) 2011 – 2013 Donald E Petersen
All rights reserved

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{ 5 comments… read them below or add one }

Jrose April 27, 2011 at 11:25 AM

Do not have to have a judgement to garnish for a student loan. Educate yourselves http://www2.ed.gov/offices/OSFAP/DCS

Reply

Don Petersen May 7, 2011 at 10:29 AM

JRose : The point of the post is that debt collectors who threaten to garnish consumers immediately without being entitled to do so violate the Fair Debt Collection Practices Act. Yes, the US Department of Education could pursue an administrative garnishment. The link you provided answers the question literraly (by pointing out the possibility of an administrative garnishment) but it misleads consumers (by disregarding the Debt Collection Improvement Act’s requirements that the US DOE and/or the DOE’s collectors must comply with). The point of the post is that debt collectors should not threaten to garnish consumers. Refer to my posting on May 7, 2011, for a description of the Debt Collection Improvement Act of 1996 or click : http://www.fdcpa.me/department-education-garnishment-su/

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Mr. T. September 18, 2012 at 5:25 PM

These people have been leaving explicit ( this is a debt collection call ) messages for either my wife or myself ( I don’t owe anyone a dime and my wife is current on everything ) on a phone used for business. Question, isn’t it appropriate to send a letter or something in writing? I’m not going to return their call. Should I?

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Mr. Bill November 28, 2012 at 8:10 AM

*** I received a call from GC services and had to look them up right away. They told me that there was a order to garnish my wages that was going to go trough in 3 days. And in order to stop this from happening they would have to get me in to program to stop the garnishment. ***

Reply

Don Petersen November 28, 2012 at 10:21 AM

Bill – Whether a debt collector violated the FDCPA and/or any applicable state fair collection practices act would depend upon many facts. For information about false threats to take legal action, please refer to this article for more information : http://www.fdcpa.me/zwiker-associates-threat-sue/ There are many othe examples on this site which discuss false threats to sue.

I encourage Bill and other consumers to consult with an experienced FDCPA lawyer who practices law in their state.

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