Harry O
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Only after they win a judgement in court. Not before. And mac is incorrect. The collection agency gets a % of what they collect. They cannot add their fees to your bill. But a lawyer can. |
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mmikloczak
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sure, they have to get a judgement against you, prior to garnishing any wages. |
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Survivors Ready?
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As long as you are making the required payments regularly they can't garnish your wages if you are making payments. Send them something reasonable each month, and as long as they accept the payment (track your payments on your bank statements), the garnishment can be held off until you get your refund and pay them off. Then get rid of your Sears card! They have one of the...if not THE highest interest rate of any retail revolving charge card.
But if you are not, they sure can! You'd have to not make payments for like 60, but usually it's 90 days. Then it takes about 30 days for the for a court date for you to state why they shouldn't be able to garnish them, then another 15 days to 30 days for the garnishment to take effect. |
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bdancer222
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They have to sue you first. But once the win the judgment they can garnish your wages, attach your bank account, and lien your property. A judgment also stays on your credit report for 10 years and further dings your credit score.
You should work out something now before going to court and getting all those extra fees added. |
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CEO JasonP
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Yes they can. |
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Barbara S
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If you talk to them and explain to them what your intentions are I am sure they will work with you. Also if you send them something each month on your own until you get your taxes back it looks liek you are making an attempt and they should work with you. |
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Hummingbird HI
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I tell this to a lot of people, If you have a Sears credit card, pay it off and cut it up. If you don't have one, don't get one. They Charge some of the highest interest, they are not very flexible if you are having trouble, and are down right harassing if you are late on a payment. I went to a credit councilor a few years ago, I had Sears, J.C. Penny, Master Card, and a couple of other loans I was behind on. Every one BUT Sears reduced their minimum payment and/or interest rate as long as I was using the C.C. According to the C.C., Sears never gives you a break, but as long as I was with the C.C., the harassing phone calls stopped. They did the same thing with my parents when my dad was laid off. Sent my mother into an asthma attack with one call.
So try and make your minimum payments, but go ahead and pay the balance off when you get the money. Then cut up that card. |
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FTG!
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Yes - especially if you haven't paid them for 6 months. |
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dreamer
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That's not the problem, they will send it to collections . the bad thing is it will screw up your credit and affect interest rates to you in the future.. |
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Don't Call Me Peanut
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That's so bad, you shouldt AT LEAST pay the minimum every month. |
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SEXYCHICK2008
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yes any credit card now and days can do that. it happened to my stepdad with 3 credit cards |
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mac
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If you still owe them money they can sic a collection agency onto you which will charge at least an additional 30 percent of what you already owe. Call the company up and arrange a payment plan. Six months without paying them in inexcusable. |
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Celeste
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They could. However, in order to garnish your wages they have to sue you first. Secondly, they have to allow you to attempt to make payments first before they'll go after your wages. However, there are some states that don't allow or have special provisions against garnishment orders.
Paid judgments are only reported on your credit reports for 7 yrs. from the date of judgment. Unpaid judgments can hang around for a long time, sometimes up to 20 years.
Sears does have a hardship program, you should call them up to see if you qualify and see if they'll offer a settlement.
I'm kind of in the same situation with Sears as well.
But these guys are morons to the highest degree. They messed up my account for over a year. So, I said screw it!
And they have no clue about the laws on credit reporting and collection, but they'll swear they do. |
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the d
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yes. they sure can, and you better get a payment plan together with them and tell them that you are going to declare bancruptcy, if they will not take away all delinquent penalties that come with it, then they wil negotiate with you, cause they know if you declare bankruptcy they will get nothing..
tell them en exact date of when you will pay X amount of dollars and they will proabbbly settle, without going to collections and garnishment. |
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stephy
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Collection companies will say whatever it takes to get you to pay them the money you owe them.
Potentially yes they can garnish your wages if they can prove to a court that you have the means to pay them back. But you should be getting the tax money soon enough and i'm sure they won't take you to court before then. If you are that concerned make a 10 dollar payment to them. And then it will appear that you are making a good faith effort. |
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ss
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They will not sue you, their lawyers will. Pay your bills. |
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Chris J
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evil multi million dollar company |
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Jimmy A
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You will never get taken to court by someone that lent you money ever. They will even send you clever letters that look like it's being taken to court. Or you are so you will respond and try to reduce the amount. They will even settle for the principle amount.
The simple reason they do not is they do not want to test the usury laws in court. So they will try to collect. Then if they can't. Sell the paper to a collection agency at a discount. The collection agencys can be quite agressive. However they have contracts. To avoid any mistakes or winding up in court testing usury. They even had the FTC write laws that let you call off a collector. Strange thing is the lenders all supported this. They do not want to ever wind up in court. Because of the usurious nature of lending. Those laws could be tested.
They do have industry specific laws like payday loans. But all states except for Colorado. Do not have any blanket usury laws. The Federal Reserve of course is a private finiancial institution. The banks own shares in it. If these laws ever made it into court. They never will. Because the lenders of money simply send threating letters and nothing else. If you want to ignore them you can and nothing will ever come of it. |
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Jasmine
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They sure will garnish your wages if you refuse to pay. Or don't respond to their phone calls or letters. They will go to court knowing most people will not pursue the legal course out of fear, denial or time and get a ruling judgement. |
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