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Can a debt collector garnish my wages even if I am making monthly payments on the debt?

Dover, OH |

I disputed a hospital bill due to having insurance and a third party insurance claim. After speaking to the healthcare recovery center for the hospital, I was informed that it only recovered the insurance payable portion of the bill and not the co-pay. Then I understood that I had to pay the balance of the bill and made arrangements to pay monthly. The collection agency told me that I had to give them my bank account number to make "guaranteed payments" from my checking account or else my wages would be garnished. I have sent monthly payments for 2 months and was told that I needed to submit my account number by the end of this month or my wages would be garnished. Can they do this?

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Attorney answers 1


Two questions come to mind:
First, are the payments you send an amount they indicated they would accept?
Second, did they in fact accept the payments, or did they return them to you?
If they accepted them, and they are in an amount they indicated they would agree to, then i think you have an argument that they should not be able to garnish you. Most courts in Ohio will not allow them to garnish under such circumstances.
As always, seek counsel for further analysis.

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