wage garnishment

Who is garnishing your wages? Why?

discover for credit card debt

I assume that they already took you to court and won a judgment against you? If not, then you need to do some checking because a garnishment for a credit card debt cannot legally take place without that court judgment. Also, what state do you live in? Some states dont even allow credit garnishments.

We live in Texas. There is a lawsuit against us in Arizona. If they win, can they garnish my husband's wages in Texas?

hi Rose--

first thing's first--who is suing you in Arizona? And did you and your husband ever live there? If it is a third party collector thats suing you, then by law they can only sue you either in the place you currently live, or in the place where the credit account was originated. If neither of you lived there, then it's the wrong jurisdiction, and you should send a motion to dismiss to the court and the plaintiff, on the grounds of improper venue. They have to sue you in the right place. Now, if this is an original creditor that law does not apply, but it seems fishy to me that they would sue you in another state like this. Then again, you live in Texas, which has some of the toughest debt collection laws in the country--good for you but bad for the collectors. That may be why they are trying to do it this way.

I live in Ohio and yes apparently they won a judgement against me. I got a court summons a while back but I didn't understand what to do about it. It did not give a specific date to show up to contest it or anything.

You are out of luck. Whether it is a 3rd party agency or 1st party lender if judgement has been obtained by them, and you live in Ohio, you can be garnished. Speaking from memory, they can garnish up to 25% of your earnings. This might be outdated for Ohio as some states limit it to 15%. They will not take from any incentive or commission checks, just your wages/salary. As for Texas, I would be willing to bet you have an overly aggressive chop shop collection agency after you with no intent to file for a judgement against you. The best thing you can do is educate yourself on TX laws regarding garnishment/liens. Most don't pursue if you're in the deadbeat debtor capital of the US.

you had me troll until that last phrase.you made your point and threw an insult.bet your happy with yourself.now run along.

so i need to file for bankruptcy to end the wage garnishment?

if they already started garnishing.i'm afraid so. :(

I am going through the same thing...I live in Indiana and apparently, there was a judgement against me of which I received court papers, but alas no court date...then all of the sudden, my checkings and savings accounts have holds on them which threw me quickly into an overdraft state and they put garnishments on my wages already; then I got the court date after the fact which isn't until October 28. I contacted an attorney through our company's EAP and he said the only way to stop it is Bankruptcy. He said you could try talking to the collector but good luck...Anyway, if they find your accounts they will freeze them. My suggestion is if you have direct deposit; cancel it and get a check instead.

I live in Oklahoma Discover card garnished my bank account now there trying to get my pay check. I was served paper that wants to know my assets, how can they garnish twice

By law if a garnishment order was awarded by the courts I am afraid they can do so. I am guessing the amount they levied your bank account was not enough to pay the entire debt. So now they will garish your wages to collect the rest. Did you contact the law offices with discover card to try a voluntary repayment. This can be an option.

HERE is more information on OK garnishment laws.