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 Posted: Fri Sep 15, 2006 11:01 am Subject: bein taken to court over a cc debt |
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i'm bein taken to civil court teh end of this month for a cc debt.. i am soo scared of what will happen even after talkin to 2 attorneys.. i live in pa and from y understandin they cant garnish wages.. teh thing that scares me teh most is sheriff sales or bank account frozen,, even thoughi barely have 15 left in account after monthly expenses and i only have basic furnishens in my home( no big screen tvs or sad to say not even a stereo system).. teh debt is only in my name so im xurious what if anything they could do to my husband.. house and bank account is in both names.. thnx for any advice
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warm_angel89
Joined: 15 Sep 2006
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| Posted: Fri Sep 15, 2006 12:07 pm Subject: |
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Do you know for sure you're being taken to court (have you been served papers?) or did the CA just say that over the phone?
Here in PA you're right, they cannot garnish your wages for CC debt. I'm not even sure they can freeze your bank accts. I'm not positive on all the in & outs though as I'm still a newbie here!
PA is a community property state, if that helps anyone out to give info to the OP.
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Confused!
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| Posted: Fri Sep 15, 2006 1:48 pm Subject: |
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| Quote: | Pennsylvania Wage Garnishment
No wage attachment in this state except for taxes and child support.
The Pennsylvania Department of Revenue is authorized to garnish wages without obtaining a court order for collection of unpaid state taxes. The Department will first notify taxpayers of its intent to contact their employers to begin withholding. If a taxpayer fails to resolve the tax liability, the taxpayer's employer will be ordered to begin garnishing wages and make payments to the Commonwealth. Employers may retain up to 2% of the amount collected to compensate for costs of additional bookkeeping. |
http://www.fair-debt-collection.com/state-wage-garnishments.html#39
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ArDeN
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| Posted: Mon Sep 18, 2006 6:51 am Subject: |
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I also live in PA and have a debt that I am trying to work out with the collection agency. So far, they won't accept anything I am offering. In the event that I am taken to court and they get a judgement, I know my wages can't be garnished, but I have read out selling personal property, etc. When the creditor gets a judgement, at that point isn't a payment plan set up, or does a sheriff just show up and start trying to sell your personal belonings? Don't you have time to repay the debt after the judgement is granted?
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jcrab1
Joined: 10 May 2006
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| Posted: Tue Sep 19, 2006 11:44 am Subject: taken to court over cc debt |
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i dont totally understand what community propert means.. all i know is my court date is the 28th of this month.. ive ehard all kinda of things about what they can do with ajudgment. 1 bein writ of execution.. thats what im afraid of.. i odnt have much really only teh basics but im afraid they will come wipe my house clean .. i have 3 kids at home and dont wantt hem to suffer for something i did yrs ago..i am the only debtor lited on teh suit it was an individual account in my name and i read somewhere where my husband can file against a execution if they go that far bein that he is not the debtor and this is his home too.. can any1 help me out with this id greatly appreciate it
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mimi89
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| Posted: Wed Sep 20, 2006 8:50 am Subject: |
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If the debt is out of the SOL, they cannot be granted a judgement. If the debt is within the SOL, file for bankruptcy.
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Candy
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| Posted: Thu Sep 21, 2006 12:04 pm Subject: court for cc debt |
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I was summoned to local magistrate for cc bill on sept 28th.. i talked to collection attourney to try to make pmt arrangements but there only offer was 1700 down and 900 amonth.. geez if i had that i would have pd it along time ago.. anyway i talked to a bankruptcy attourney and he said the worse case would be a writ of execution. wich i would not want to happen even though i only have basic stuff in my home.. has any1 had a writ of execution before? i was just wondering if that did happen would they take refriderator ands tove and stuff like that/ i have 3 young kids at home and i am scared to death over this and does nay1 know if teh magistrate sometimes works out a pmt arangement
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mimi89
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| Posted: Fri Sep 22, 2006 6:55 am Subject: |
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By law, does a creditor have to contact you at least once regarding the debt before taking you to court?
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jcrab1
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| Posted: Fri Sep 22, 2006 8:56 am Subject: |
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They can NOT freeze your bank acct that your wages go into. They have to win a judgement first in order to do that and even then, it can't be your wages account.
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Linda
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| Posted: Sun Sep 24, 2006 9:10 pm Subject: |
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thnx for all ur help..im having a better understanding of thigns now. wish i would have found this site sooner..i made a mbig mistake by not havin my debt validated and only have 4 days until court.. wasnt sure what dv meant until recently and if had i sure would have done it by now.. guess im goin to teh magistrtae ands ee what he has to say since its too late to have it validated now but at least ill know now incase of any future problems
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mimi89
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