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Todd W | Can credit card companies garnish your paycheck for outstanding debts? |
Chase is threatening my wife to garnish her paycheck. Can they do that with credit card debt? We can only afford the rent and essentials right now but want to pay all our debt in the future. |
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credit repair
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debends on type of debt. but it takes a judge to do this and the cost most of the time outways the debt. |
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Always Right
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Yes, they can. |
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tell
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if they get lawyer they can, unless you file for bankruptcy then they can't! |
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tercir2006
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Only if ordered by a judge. However, sometimes in the fine print you may have waved your rights and they might be able to do that. Just talk to them and let them know the situation right now. Maybe you can work out something like paying the interest only (assuming that isn't too high).
You want to protect your credit ratings as best as possible. Bad marks take a long time to clear. |
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D C
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They would have to get a judgment first but it is possible. I would contact them and try to work something out. If that fails, then I would contact Consumer Credit Counseling in your area and see what they can work out--they are one of the only true non profit debt counseling services around. If all else fails, then you can file bankruptcy but that will be with you for 10 years. |
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Jay
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Only the default of a government loan or a court order signed by a judge can warrant garnishment of a persons wages. |
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Amadeus
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Starting the Garnishment Process. If you don’t pay a bill, creditors can garnish your wages by suing you, then garnishing your wages or bank accounts based either on the judgment they get in court or on the default judgment they could get if you do not respond to the lawsuit. Thus, if you get a "complaint" (the document that begins a lawsuit), you should contact a lawyer to help you respond to the allegations. If you negotiate a payment plan with the creditor, be sure to put it in writing.
Protections from Garnishment.
Generally, creditors cannot garnish more than 25% of your net wages. Creditors also cannot take any of your wages for six (6) months after you have received public assistance based on need. This includes the Minnesota Family Investment Program (MFIP), Emergency Assistance (EA), Work First Program, Medical Assistance (MA), General Assistance (GA), General Assistance Medical Care (GAMC), Emergency General Assistance (EGA), Supplemental Security Income (SSI) and Energy Assistance (EA). If you deposit your public assistance in a bank account, creditors cannot garnish your account for 60 days. Finally, creditors cannot take your home, or car, furniture, employee benefits or insurance proceeds up to certain values. |
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wlodea
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yes if they have taking you to court and won. they can garnish you wages |
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zippythejessi
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It's possible. But only after they exhaust all their other options. |
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MissFred
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Yes, but it takes a while. |
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texasgirl5454312
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depends on what state you live in- In texas they cannot. Only legal agencies- child support, student loans maybe can. |
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jlthomas75844
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A credit card debit is an unsecured line of credit.Since it is unsecured,the credit card companies are going to try their best to collect the debt.Most companies will tell you they can and will garnish wages,they will tell you they are going to take your home or car or land.I have even had them to threaten me saying they were filling theft charges with the police department.I consulted a lawyer and was told they were in violation by using unlawful collection actions since it is unsecured all they can do is get a judgement against you for 7 years from first delinquency,all the judgement can do for them is if you sell something such as land,house or car,it will mean you have to pay the company first to release the judgement.Next time they call,hook up a small voice recorder to your phone and tell them before they even start in on you that the conversation is being recorded and ask them if they understand that and to state their name,if they argue tell them it is being recorded for security and privacy protection,proceed to tell them that you will agree to make $10.00 payments until you can afford more.Record this entire conversation,tell them th 10 dollar payment will be in the mail the very next day and that is all you can do at this time.If they refuse to work with you,still send 10 dollars with account# on payment and make sure you have a recept such as a cancelled check or money order receipt.send this amount no later than 30 days apart.If you have any problems then take the recorded tape and your receipts to a lawyer and sue them for unlawful debt practices.As long as you pay something there is nothing they can do. |
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NONILADY
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Yes they can, but only after going to court and receiving a judgment. Without a court ordered judgment, your wife's check cannot be garnished. And, even after receiving the judgment, the creditor has to notify you in advance by service of court papers before any wages are garnished. |
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Nichol M
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Yes. If a judge orders but in most cases especially if it were a small amount ($1000.00) they may just report to a credit bureau. |
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ironik
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i don't think they can but seek legal advice but you should offer the minimum payment they cant refuse any offer you make to them , only court can make you pay out of your earnings |
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