Can Credit Card companies garnish wages?
Date: Wed, 10/24/2007 - 14:44
Absolutely. They would have to take you to court and obtain a ju
Absolutely. They would have to take you to court and obtain a judgement first, though..They would be able to garnish 25% of your disposable income for a consumer debt like this..Unless you live in The Carolinas, Texas, or Pa. Your best bet is to attempt to make arrangements with them now.
Yeah, like finsfan said, they sure can. have you contacted your
Yeah, like finsfan said, they sure can. have you contacted your agencies to see if they can work with you in any way? most will and it will be reported in their system that you're making a responsible attempt in keeping your accounts current. You may be surprised, mine were not only friendly, they lowered my apr and therefore lowered my monthly payments.
Can a company refuse to set up a payment arrangement with you?
Can a company refuse to set up a payment arrangement with you?
They can..But as long as it is reasonable they most likely won't
They can..But as long as it is reasonable they most likely won't. These people really don't want to garnish you..Trust me, I handle garnishments for a living, the extra work all the way around is ludicrous. Call them.
To: finsfan13
Hello finsfan,
Can you explain about the part you wrote:
"Unless you live in The Carolinas, Texas, or Pa."
We might have to go through this if AMEX doesn't accept our monthly payment offer.
We live in South Carolina, but work in North Carolina. If it comes down to this garnishment, would it be higher or lower than the 25% of income.
Thanks,
Jen
Found Answer
Hi,
Never mind, I found the answer. Guess it wasn't hard looking for our Department of Labor!
It looks like credit card collection debt cannot be garnished on wages through a court order in the state of NC. Unless it was established in another state and you worked for a national employer, like Walmart and moved to a "non garnish" state, like NC and worked for another national employer. It will follow you there.
So that sounds like good news. If AMEX doesn't want to work with us and they send it to a debt settlement company, it really won't be in their best interest. We don't have any assets they can take, we rent and lease a car. One of the few times that having no assets is good right now.
Although I'm sure a debt settlement company can make our lives miserable for awhile. I sure hope AMEX works with us!
BTW...I plan on paying every penny of this debt. I'm not a deadbeat. Just life can give you some hard kicks sometimes, it happens.
Every other CC company is working with us, Chase, BOA, Citibank.....everyone but AMEX.
We'll see....
Jen
Hi Jen good luck to you. glad to see that most of your agencies
Hi Jen good luck to you. glad to see that most of your agencies are working with you. they know it creates a mutual acceptance for both parties. It is obvious you are very serious about paying your debts back and we hope to hear from you again and we hope you say you're debt free!! :) :)
Glad to hear others are working with you. Have you asked what i
Glad to hear others are working with you. Have you asked what it WOULD take AMEX to work with you? Maybe its something you could meet 1/2 way? Its good to see someone trying to get control of debt. Its hard, but you can do it!
Welcome to the group & keep coming back!
credit card judgment
If the debt collector is an attorney, they are very aggressive and use the court system to corner you because it cost money to hire an attorney, etc. Attorney's lie and say they have a contract when there is no contract available. Attorney's will tell your spouse to pay as well and pressure them to pay knowing there is no contract stating your spouse agreed to be responsible for the card. If a debt has been written off, it means the contract has been void, which legally means you are not responsible for the loan.
Quote: If a debt has been written off, it means the contract has
Quote:
If a debt has been written off, it means the contract has been void, which legally means you are not responsible for the loan. |
Can you post some relevant laws or court decisions that prove this statement? [/quote]
mmm yea, I am with lonegunman on this one. I too would like to s
mmm yea, I am with lonegunman on this one. I too would like to see something to back up that statement. If that were true, we'd all be dancing in the streets!
Total bunk. A written off account is simply moved from the curr
Total bunk. A written off account is simply moved from the current books and moved to collections or deliquent accounts. This is a common term used by creditors and the CRA's. The contract is still in effect and it collectable.
If texas is a garnihment state, and they get a court order, yes
If texas is a garnihment state, and they get a court order, yes they can.
Actually Texas is a non-garnishment state. Wages are exempt prop
Actually Texas is a non-garnishment state. Wages are exempt property.
unsecured/secured credit card garnishment in NC
I HAD A RECOVERY AGENCY CALL MY PLACE OF EMPLOYMENT TO GET THE FAX NUMBER TO FAX OVER MY PERSONAL INFORMATION FOR ANYONE TO SEE. I LIVE IN NORTH CAROLINA AND HAVE BEEN TOLD BY THE RECOVERY AGENCY IF I DO NOT PAY QUICKLY, THAT PLAN ON LEGAL ACTION AND PURSUE AN ATTORNEY. IF I CAN AFFORD AN ATTORNEY, THEN I CAN AFFORD TO PAY MY DEBT.
CONSUMER IN CRISIS
unsecured/secured credit card garnishment in NC
I HAD A RECOVERY AGENCY CALL MY PLACE OF EMPLOYMENT TO GET THE FAX NUMBER TO FAX OVER MY PERSONAL INFORMATION FOR ANYONE TO SEE. I LIVE IN NORTH CAROLINA AND HAVE BEEN TOLD BY THE RECOVERY AGENCY IF I DO NOT PAY QUICKLY, THAT PLAN ON LEGAL ACTION AND PURSUE AN ATTORNEY. IF I CAN AFFORD AN ATTORNEY, THEN I CAN AFFORD TO PAY MY DEBT.
CONSUMER IN CRISIS
Master Card
I have only one credit card and owe ?1,2000 on it. I'm having trouble paying even 50.00 a month now for personal reasons. What should I do???
Have you called the credit card company yet? I would see if the
Have you called the credit card company yet? I would see if they could lower your monthly moment. Sometimes they will work with you.
I hope this helps.
yes they can sue you adn win a judgement against you. however,
yes they can sue you adn win a judgement against you. however, they are able to garnishwages generally but not in a few state. for example, texas is a nongarnishment state, therefore they are not able to garnish wages there..as for taking your home, not that i know of. BUT i would check your state laws..in some states they can put a lien on your home, meaning you can't sell it until you pay the lien..but check your own individual state laws for this...hope it helps :)
No , Texas doesn't allow Wage Garnishment , except for taxes and
No , Texas doesn't allow Wage Garnishment , except for taxes and child support.
debt collectors
can a credit card company take me to court if my debt was charged off (the state of Pa)?
debt collectors
can a credit card company take me to court if my debt was charged off (the state of Pa)?
Charge Off is an accounting transaction, it doesn't mean you don
Charge Off is an accounting transaction, it doesn't mean you don't still owe it. They can sue as long as you are still within SOL (4 years in PA)
how can i stop my wages from being garnished from a "judgment" f
how can i stop my wages from being garnished from a "judgment" from 2000 that is not mine. the credit card company is being represented by hiday&ricke and they don't have proof of any kind. apparently i was served in 2000 to an address that i've never even lived. i've always left my fowarding address every single time i moved.
Quote:Originally Posted by Anonymoushow can i stop my wages from
Quote:
Originally Posted by Anonymous how can i stop my wages from being garnished from a "judgment" from 2000 that is not mine. the credit card company is being represented by hiday&ricke and they don't have proof of any kind. apparently i was served in 2000 to an address that i've never even lived. i've always left my fowarding address every single time i moved. |
File a motion to vacate the judgment, you will need some type of proof showing you have never lived at the address which was served. If you have some type of mail with your name on it you received around that period of time, or a rental lease agreement, but you will need something to prove your address at the time that summons was served.
we have debts in collection with a company in utah called johnso
we have debts in collection with a company in utah called johnson riddle and mark they got pushy so we joined consumer debt law firm.but johnsons is still pushing they are want to ganrish my husbands wage they have set leins on our homes.these account was a charge off. we have a settlement for one account that was 5800.00 and the wouldnt take any less than 4000.00 has to be paid by the end of the month.we have 3500.00 but they wont take that. help me what are my rights?
TO THE PEOPLE WHO SAY TEXAS IS NOT A WAGE GARNISMENT STATE: IN T
TO THE PEOPLE WHO SAY TEXAS IS NOT A WAGE GARNISMENT STATE: IN TEXAS , CREDITORS CANNOT GARNISH YOUR WAGE UNLESS THEY HAVE NO OTHER OPTION TO COLLECT ( i.e bank accounts, home equity....) . SO IF YOU HAVE NO OTHER ASSETS TO GO AFTER YOU WAGES WILL BE GARNISHED.
