Law Offices of Gary A. Bemis: Protecting Yourself from Aggressive Debt Collection
If the Law Offices of Gary A. Bemis have contacted you about a debt, you need to understand your rights and options. Debt collection law firms use legal tactics to pressure consumers into paying, sometimes without verifying the validity of the debt. Knowing how to respond strategically can help you avoid unnecessary financial and legal consequences.
This guide explores how to handle threats of wage garnishment and what to do if a default judgment has been entered against you.
💸 Handling Threats of Wage Garnishment
A debt collection firm may try to intimidate you by threatening to garnish your wages. However, not all threats are legally enforceable.
1️⃣ Know Your State’s Garnishment Laws
Each state has different laws regarding wage garnishment. Some debts, like federal student loans and child support, may be garnished without a court order. However, for credit card debt or medical bills, creditors must first win a lawsuit against you before garnishing wages.
Action Step: Research your state’s garnishment laws to determine if your wages are at risk. Learn how debt collectors can impact your finances.
⚖️ 2. Demand Proof Before Paying
Before making any payments, request written proof of the debt and the collection agency’s legal authority to garnish wages. A debt collector cannot legally garnish your wages without first obtaining a court judgment.
If they claim they can immediately garnish your wages, they may be violating the Fair Debt Collection Practices Act (FDCPA). Find out what debt collectors are legally allowed to do.
3️⃣ Respond to a Wage Garnishment Notice Quickly
If the Law Offices of Gary A. Bemis obtain a garnishment order, you still have options:
- File an exemption claim if garnishment will cause undue hardship
- Negotiate a settlement with the creditor before wages are deducted
- Challenge the garnishment if the debt is inaccurate or already paid
🔗 Understand how to fight debt collection lawsuits.
📜 What to Do If a Default Judgment Is Entered Against You
Ignoring a debt collection lawsuit can lead to a default judgment, which gives the creditor the right to collect the debt through garnishment, bank levies, or liens.
📌 1. Check If the Judgment Was Issued Properly
Many consumers don’t realize they had a lawsuit until their wages or bank account are affected. In some cases, a default judgment can be overturned if:
- You were not properly served the lawsuit
- The debt does not belong to you
- The statute of limitations expired before the lawsuit was filed
🔗 Find out what happens if you miss a court summons.
📎 2. File a Motion to Vacate the Judgment
If you believe the judgment was unfairly entered, you can file a motion to vacate it. This requires submitting a legal request to the court explaining why the judgment should be reversed.
Common reasons for vacating a judgment include:
- You never received notice of the lawsuit
- The plaintiff lacked proper evidence to sue you
- The debt was already settled or discharged
Seeking legal assistance can improve your chances of successfully vacating a judgment. Find out if debt collectors can sue and how to respond.
💡 3. Negotiate a Post-Judgment Settlement
If the judgment is valid, you may still be able to settle for a lower amount rather than face aggressive collection tactics. Many creditors prefer a lump-sum payment or structured settlement plan over lengthy enforcement procedures.
Ensure all agreements are in writing and specify that the judgment will be satisfied in full to prevent future collection attempts. Learn how to negotiate with collection agencies.
📞 Contact Information for Law Offices of Gary A. Bemis
- Address: 3870 La Sierra Avenue, Suite 103, Riverside, CA 92505
- Phone: (951) 735-3995
- Website
📢 Get Help from Consumer Rights Law Firm PLLC
A debt judgment does not mean you’re out of options. Whether you’re dealing with wage garnishment threats, a default judgment, or aggressive collection calls, you have rights.
📞 Call us at 877-700-5790 or visit our contact page for a free consultation.
Don’t let debt collection law firms take advantage of you—fight back today!