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anonymous in MD

If a judgment is made against me for a credit card debt and I have no wages to garnish, where can a credit card company get money from me? I am with a debt settlement company which the collection agency refuses to talk to (so they say) and are saying they will be serving me for a lawsuit.
The collection agency is not in my state. Can they initiate a lawsuit from another state and how long does it usually take from telephone notices to actually being served and the actual lawsuit?
Thank you for any information.

Posted: Tue Oct 18, 2005 4:37 pm Subject:

Have you checked this judgment if it is legal? As per the federal laws a collection agency has to be licensed to collect the debt in your state. They can't collect the debt from you being in another state.

You are also required to be served a notice before the judgment takes place. You need to appear in the court before any decision is taken.

Also, wages can only be garnished when you have a job and your weekly wages are more than $154.50. 25% of the disposable income has only been allowed under the federal laws of garnishment of wages.

So, wage garnishment is not possible in your situation. And, insist your consultant to get the debt validated from the CA. If they are not licensed in your state, they can't collect the debt from you.

Regards
Roxette

Guest · Posted: Tue Oct 18, 2005 5:22 pm Subject: a little more explanation

Thank you for your reply, Roxette.
The collection agency is actually a lawyer's office. They have not initiated a lawsuit yet so no judgment has been made against me as of the moment. But the lady who I spoke to told me to "Get a lawyer and we will see you in court."

I have already told the debt settlement company about this, and they said I don't need to get a lawyer (which I can hardly afford anyway) as they will give me all sorts of letter, etc that I can bring with me to court if it gets to that. I guess I just want to know how long before I get served from the day they tell me they are going to sue me to when it actually happens.

Posted: Tue Oct 18, 2005 5:31 pm Subject:

Do not get worried about this judgement. They are trying to scare you.

Read this page as you will come to know some of the important facts that are not disclosed by the collection agencies.

http://www.debtconsolidationcare.com/forums/collection-facts.html

However, judgment is also not possible against you at this time since you don't have a job. There are federal requirements before wage garnishments actually take place on the person.

Jody E. Nunez · Posted: Fri Jan 05, 2007 2:01 pm Subject: Judgment on Credit Card Debt

I was not served with court papers for a judgment.
Is this right?

Guest · Posted: Thu Dec 06, 2007 4:51 pm Subject:

when a creditcard co. wins the judgement because husband was out of town and could not be there because i could not get ahold of him. how long can they keep taking money out of his check?

pam488 · Posted: Thu Dec 06, 2007 4:58 pm Subject: garnishment

A credit card co. Won the judgement in court on my husband which could not be there because he was not here and i told them that i could not get ahold of him. How long can they keep taking money out of his check? Have you heard of an order too quash garnishment? What and how to do it? I hired a lawyer but he has contacted me at all with any information i leave message agter message no response.

linda · Posted: Fri Dec 28, 2007 2:18 pm Subject: credit card debt

I just received a notice I am being sued for a credit card debt. I own nothing. I am disabled and receive social security and a veterans pension. Can they take my pension or social security. I suffer from severe depression and anxiety. I was operated on for cancer and this has me about crazy from worry.

Posted: Fri Dec 28, 2007 11:17 pm Subject:

Check your state law. Most have a long list of exemptions from judgment. No, they cannot garnish you pension or social security (in any state). However, if these go into your bank account, they might be taken, if the creditor is awarded a judgment against you. So if a judgment is awarded, I would not put the pension of social security in the bank. If you have no assets, a bank account is all they'd have to go after.

Debra · Posted: Mon Jan 28, 2008 12:56 pm Subject: judgment

I have to go to court on Thursday in Oklahoma for a credit card judgment. i only have a social security disability check. This is from 2003/2004 from a previous marriage. Can they take my new husbands check

Posted: Tue Jan 29, 2008 3:11 am Subject:

If the debt is not his, they should not be able to take his check. If you have no assets and live on social security disability, in most states they can not garnish social security.