It depends on what it is being garnished for, they can garnish for taxes and for child support, that is it.
I found this information for you from an attorney. I will post the link and the information for you.
Can a Debt Collector threaten to garnish my wages in PA?
A debt collector cannot threaten to garnish wages in PA unless it actually has the right/possibility to do so. A credit card company, or a collection agency would not typically have this right under PA law. If a Debt collector does threaten to garnish your wages, you may be eligible to file a lawsuit against them.
I am well versed in the rights of creditors and debtors, and in many areas of consumer law, based in part in my knowledge of the law and my experience in dealing with hundreds and hundreds of these types of cases. If you have a collection agency attempting to collect a debt from you, by means of garnishment or otherwise, please contact my office at 412-823-8003 or send an email to Attorney Greg Artim
"http://www.gregartim.com/garnishment.htm#Can_a_Debt_Collector_threaten_…;
Well at least that is one thing they do not have access to. I keep finding out how people get money taken from their checking acccounts without allowing it. They need to pass a law on this next.
Hi Smuggs
Goodnatured is right. Social security benefits including state pension cannot be garnished for repayment of credit card debts. For this all you need to do is to inform the court that the income that comes in your account is your social security benefit. However, if you have outstanding Federal taxes, alimony and child support obligations, your social security benefit can be garnished by a judgment. A collection agency can never threaten you to garnish your social security benefit, in fact they do not have the right to do so unless and until they obtain a judgment from the court to garnish your account and for credit card debt, the court cannot give judgment to garnish your ss benefit.
Where are you guys finding all the info on what states can garnish. I was trying to find out for a guy from Colorado and didn't come up with the states laws of garnishment.
As per Colorado Garnishment laws, if the garnishment is made on a weekly basis, the maximum amount that can be garnished is 154.50$ or 75% of Disposable income whichever is higher and if the garnishment is made on a monthly basis, the maximum amount that can be garnished is 669.50$ or 75% of Disposable income whichever is higher.
I am not sure on Michigan but hang in there surely someone will know.
Mary, what do you mean by 75% of disposable income? Is that after all the persons mothly bills and money needed for groceries and gas? I would like to hope that it is because who could obly survuve on the remaining 25%?
In Michigan, a judgment can be issued to garnish a maximum of 25% of the wage. However if the employee earns the minimum wage or is just above the minimum wage, his wage cannot be garnished. In case the debtor wants a payment plan, the same may be granted by the court and in such cases wages would not be garnished if the debtor pays the amount in time.
What I mean to say is that, Colorado laws allow a maximum of 75% of your disposable income to be garnished. As per the state law, 25% must be left with you for your own expenses. Now disposable income means the portion of your income you get after deduction of taxes. The garnishment can be made either on a weekly basis or on a monthly basis till the time the debt has been paid back in full.
I live on a mere $732 SSDI a month. However, when I was working I got several credit cards which I have charged on to stay alive (as took 18 mos before I had ANY income). I have paid faithfully no matter what, my minimum payments. NOW one has doubled my payment for NO reason other than that they can! I have PERFECT credit! I just don't charge, got all of them onto LOW % and keep paying the minimum, but each month gets harder. I thought Congress voted that credit cards couldn't do this (up our set % rate and up our payments!)
Can they get a garnishment of my puny SSDI? Can they take money out of my bank account? How much does it cost to file bankruptcy in CO?
I live on a mere $732 SSDI a month. However, when I was working I got several credit cards which I have charged on to stay alive (as took 18 mos before I had ANY income). I have paid faithfully no matter what, my minimum payments. NOW one has doubled my payment for NO reason other than that they can! I have PERFECT credit! I just don't charge, got all of them onto LOW % and keep paying the minimum, but each month gets harder. I thought Congress voted that credit cards couldn't do this (up our set % rate and up our payments!)
Can they get a garnishment of my puny SSDI? Can they take money out of my bank account? How much does it cost to file bankruptcy in CO?
I am not sure but I do believe they did passa a law like this. BUT I had all my monthly payments raised about a half a year ago. They did not double but went up quite a bit. I will let others handle your other question about the garnishment because I am not real familiar in this field.
They should not be able to but if for some reason they did you need to contact the court house where this happened and inform them of the fact you did not recieve notification of the court date. I myself worry about this fact a since I moved a year ago and I had one just over the SOL. I checked my report and it wasn't there so I am hoping it is gone.
A default judgment can be brought against a debtor only if a summon has been send to him by the court and he has not filed a response to the summon within 30 days of receipt. However, if you have filed a response and have not been provided with a court date, no judgment can be brought against you by the credit card company in your absence, because you will be given a chance to defend yourself before a judgment is passed.
What happens Mary if perhaps they sent the summons to the wrong address and the poster no longer lives there? I have heard of summons just ebing left on a persons door. Shouldn't they have to sign for this or even go to the courthouse (if they weren't home) and pick up the summons? This would be a way to show they recieved it. I am not exactly sure how a summons works but it sounds like this should in fact be the proper way to handle one.
Well fireyone in an ideal situation that is the way it happens, sometimes people avoid them so they have to have some way of delivering it. I think they should have to at the least post it with the court, there are many ways to locate people. In my case I went after it, I did not want them to show up at my place of employment.
I can inderstand that one but to just leave it woth someone else. Thats not really fair because this person may have little or no contact with the person they are trying to deliver the summons to whether they are related or not...How do you know it is not a vindictive family who would just sit on it? Too many times people have probaly gotten judgements from not being there when they went to deliver or maybe moving and unaware they were being sued,.
I got a court of that a judgement was entered against you from a credit card company they have a list of steps that can be taken to collect even take your car wages personal property nportion of wages can they really go this far
As far as I know, the creditor can only bring money judgment against you to recover credit card debt. They can either garnish your bank account or your wage or they can even put a lien on your property.
If they garnish your wage, not more than 25% of your wage can be garnished. But if they garnish your bank account, they can take away the entire amount that gets deposited in your account and this process of bank account garnishment will continue so long as the judgment amount is paid in full.
a credit card co. is taking me to court to get a judgement. I acknowledge the debt but I'm receiving Social Security Disability and my only income. The house I live in is owned by my Son via quit claim deed 2 years ago. I have no other income or assests. What excactly is the court going to do? Do I need a lawyer? Can the credit card co. attach anything?
Seems as if you acknowledge the bills are yours and that you can not afford them right now, You should try and contact these companies and try to set up a payment arrangement that fits your budget then you will not have to deal with this crap.
Since you are on social security I believe that those wages can not be attach in anyway for debt. You may have t rpove that this is your source of income. The credit card company may get the judgement against you but until you would have another source of income they would not be able to collect on the debt. If you want to see more information on this I would type social security and debt collection in your search engine. There should be a page that explains this in detail.
If I have a judgement against me in NC and I don't have a job and I'm a stay at home mom and do not own a house but me and my husband have a joint checking can they garnish my bank account even though the money being put in it isn't mine. Also my parents are getting a loan to buy me and my husband a house and are going to put me on the deed to the house. Can a lien be placed on the house even though the loan for the house is in my parents names? Any help would be appreciated.
I just let my credit card go under because I was not getting ANYWHERE with payments the interest was 28%. The creditor just called and mentioned they could not stop calling and that the calls would persist even more if they decided on a judgement. What does this mean? I live in florida. thank you.
Is there any way that you can get into a payment settlement with your creditor? Creditors can really harass you for money you owe them. However, you also have a legal recourse as per the guidelines of the Fair Debt Collection Practices Act. You cam legally ask them to stop calling you. But that doesn't make you not owe the debt. You still owe it. If I was in this situation I would try and negotiate a settlement with the credit company.
A judgment is something you must avoid. They don't even need to call you if they win a judgment against you. They can simply take away your money from the bank or your salary account - whichever is convenient. Speak with your creditor. But before you do that, do an assessment on your finances and see how much you owe and how much you can settle for. It is better to be prepared than fumble with your creditor while striking a deal.
Yes, the creditor can take you to court and get a judgment against you. However, before any such things happen, why don't you talk to the creditor and make an effort to strike a deal with them so that you can pay a certain amount of the debt and not the entire sum. I think you can do this before they plan to take you to court.
my wife has a judgment from a credit card And I am self employed and not on card only she was . the only thing in her name is a car worth 1000.00 and is our ony car . we do not own a home . we tryed to work things out with the lawyers who where taking us to court . said keep our money he wanted a judgment . what can we do to keep a bialif from coming to our house and taking our things ?
One thing that you can do to keep the bailiff away is contact the court to reprocess the contract. Once the issue is taken to court, the bailiff won't be able to continue with the process of collections. Request the court to suspend the warrant, explain them your situation. In the meantime try to collect as much money as you can to pay off the dues.
The only income I have is from S.S. and my military pension. Can a Credit Card Company that has a judgment take money from my bank account if the only money in there was from the government.
Depends on what state you are from, if you let us know then we can find out the state laws for you and post them here. Please leave the information so we can help you out.
I live in Arizona. I own a home before my husband and I got married. A credit card company that my husband had before we were married has served my husband a summons and writ of garnishment for monies or property.. We have been making monthly payments out of our bank account for months and now they want more $ per month.. Can they come after me and my home that I have had before we got married? His name is not on the title of the home?
Can you tell whether this house is in your name, or is it jointly owned by you and your husband? Arizona is a community property state where both the spouses are held responsible for debt incurred by the other during the marriage. However, in this case, if you were not in any way added to this account, the creditor won't be bale to come after you, and your house.
I recieve a pension from the state of washington and live in Maryland can a cc card company garnishee my funds from a bank accoune. the only moneys that go into the account are pension and social security?
, he isn't working. I work at a sochol district and bring home less than $1,000 a month to support my family. My daughter is in college. We are running on empty plus being garnished $200 a month to cover this debt.No one, including the garnishor can tell me what this debt is for. When asked for copies of signatures and what was purchased, they don't have it. The Sheriff's department is in charge of the garnishment and they also have nothing and refer me back to the garnishor. I am running in circles and cannot afford a lawyer to fight this. What do I do?
I checked my savings in Michigan at a bank I haven't used in a while and they said it has been garnished. There is no money there. I missed court because I never received notice and got a default for 20k.
What can or should I do to. Are there any legal people who specialize in this area near Grand Rapids Michigan? Thanks
I've had this judgement on my record for almost 7 years and want it removed permanently.It's with Discover card.I've been found not responsible for many other unpaid debts and Discover decided to take me to court in 2006.I've been forgiven for about $10,000 and they want their $1722.I feel this was done with malice and trying to make an example out of me.They have spent more than 3 times the cost of the debt on legal fees.Should I appeal directly to the court?
smuggs,
It depends on what it is being garnished for, they can garnish for taxes and for child support, that is it.
I found this information for you from an attorney. I will post the link and the information for you.
Can a Debt Collector threaten to garnish my wages in PA?
A debt collector cannot threaten to garnish wages in PA unless it actually has the right/possibility to do so. A credit card company, or a collection agency would not typically have this right under PA law. If a Debt collector does threaten to garnish your wages, you may be eligible to file a lawsuit against them.
I am well versed in the rights of creditors and debtors, and in many areas of consumer law, based in part in my knowledge of the law and my experience in dealing with hundreds and hundreds of these types of cases. If you have a collection agency attempting to collect a debt from you, by means of garnishment or otherwise, please contact my office at 412-823-8003 or send an email to Attorney Greg Artim
"http://www.gregartim.com/garnishment.htm#Can_a_Debt_Collector_threaten_…;
Well at least that is one thing they do not have access to. I keep finding out how people get money taken from their checking acccounts without allowing it. They need to pass a law on this next.
Hi Smuggs
Goodnatured is right. Social security benefits including state pension cannot be garnished for repayment of credit card debts. For this all you need to do is to inform the court that the income that comes in your account is your social security benefit. However, if you have outstanding Federal taxes, alimony and child support obligations, your social security benefit can be garnished by a judgment. A collection agency can never threaten you to garnish your social security benefit, in fact they do not have the right to do so unless and until they obtain a judgment from the court to garnish your account and for credit card debt, the court cannot give judgment to garnish your ss benefit.
Where are you guys finding all the info on what states can garnish. I was trying to find out for a guy from Colorado and didn't come up with the states laws of garnishment.
As per Colorado Garnishment laws, if the garnishment is made on a weekly basis, the maximum amount that can be garnished is 154.50$ or 75% of Disposable income whichever is higher and if the garnishment is made on a monthly basis, the maximum amount that can be garnished is 669.50$ or 75% of Disposable income whichever is higher.
Credit Card judgements
I live in Michigan. Can a judge impose a monthly payment plan on a credit card debt judgement
I am not sure on Michigan but hang in there surely someone will know.
Mary, what do you mean by 75% of disposable income? Is that after all the persons mothly bills and money needed for groceries and gas? I would like to hope that it is because who could obly survuve on the remaining 25%?
In Michigan, a judgment can be issued to garnish a maximum of 25% of the wage. However if the employee earns the minimum wage or is just above the minimum wage, his wage cannot be garnished. In case the debtor wants a payment plan, the same may be granted by the court and in such cases wages would not be garnished if the debtor pays the amount in time.
Thanks Justin that clears that up but what about what MAry said about taking up to 75%?
What I mean to say is that, Colorado laws allow a maximum of 75% of your disposable income to be garnished. As per the state law, 25% must be left with you for your own expenses. Now disposable income means the portion of your income you get after deduction of taxes. The garnishment can be made either on a weekly basis or on a monthly basis till the time the debt has been paid back in full.
SSDI garnishment in CO
I live on a mere $732 SSDI a month. However, when I was working I got several credit cards which I have charged on to stay alive (as took 18 mos before I had ANY income). I have paid faithfully no matter what, my minimum payments. NOW one has doubled my payment for NO reason other than that they can! I have PERFECT credit! I just don't charge, got all of them onto LOW % and keep paying the minimum, but each month gets harder. I thought Congress voted that credit cards couldn't do this (up our set % rate and up our payments!)
Can they get a garnishment of my puny SSDI? Can they take money out of my bank account? How much does it cost to file bankruptcy in CO?
SSDI garnishment in CO
I live on a mere $732 SSDI a month. However, when I was working I got several credit cards which I have charged on to stay alive (as took 18 mos before I had ANY income). I have paid faithfully no matter what, my minimum payments. NOW one has doubled my payment for NO reason other than that they can! I have PERFECT credit! I just don't charge, got all of them onto LOW % and keep paying the minimum, but each month gets harder. I thought Congress voted that credit cards couldn't do this (up our set % rate and up our payments!)
Can they get a garnishment of my puny SSDI? Can they take money out of my bank account? How much does it cost to file bankruptcy in CO?
I am not sure but I do believe they did passa a law like this. BUT I had all my monthly payments raised about a half a year ago. They did not double but went up quite a bit. I will let others handle your other question about the garnishment because I am not real familiar in this field.
Indiana
Can a CC company get a Judgment when the person they are sueing was not told about the court date?
They should not be able to but if for some reason they did you need to contact the court house where this happened and inform them of the fact you did not recieve notification of the court date. I myself worry about this fact a since I moved a year ago and I had one just over the SOL. I checked my report and it wasn't there so I am hoping it is gone.
A default judgment can be brought against a debtor only if a summon has been send to him by the court and he has not filed a response to the summon within 30 days of receipt. However, if you have filed a response and have not been provided with a court date, no judgment can be brought against you by the credit card company in your absence, because you will be given a chance to defend yourself before a judgment is passed.
What happens Mary if perhaps they sent the summons to the wrong address and the poster no longer lives there? I have heard of summons just ebing left on a persons door. Shouldn't they have to sign for this or even go to the courthouse (if they weren't home) and pick up the summons? This would be a way to show they recieved it. I am not exactly sure how a summons works but it sounds like this should in fact be the proper way to handle one.
Well fireyone in an ideal situation that is the way it happens, sometimes people avoid them so they have to have some way of delivering it. I think they should have to at the least post it with the court, there are many ways to locate people. In my case I went after it, I did not want them to show up at my place of employment.
I can inderstand that one but to just leave it woth someone else. Thats not really fair because this person may have little or no contact with the person they are trying to deliver the summons to whether they are related or not...How do you know it is not a vindictive family who would just sit on it? Too many times people have probaly gotten judgements from not being there when they went to deliver or maybe moving and unaware they were being sued,.
credit car judgement in NJ
I got a court of that a judgement was entered against you from a credit card company they have a list of steps that can be taken to collect even take your car wages personal property nportion of wages can they really go this far
As far as I know, the creditor can only bring money judgment against you to recover credit card debt. They can either garnish your bank account or your wage or they can even put a lien on your property.
If they garnish your wage, not more than 25% of your wage can be garnished. But if they garnish your bank account, they can take away the entire amount that gets deposited in your account and this process of bank account garnishment will continue so long as the judgment amount is paid in full.
Judgement
a credit card co. is taking me to court to get a judgement. I acknowledge the debt but I'm receiving Social Security Disability and my only income. The house I live in is owned by my Son via quit claim deed 2 years ago. I have no other income or assests. What excactly is the court going to do? Do I need a lawyer? Can the credit card co. attach anything?
Seems as if you acknowledge the bills are yours and that you can not afford them right now, You should try and contact these companies and try to set up a payment arrangement that fits your budget then you will not have to deal with this crap.
dkrundel ,
Since you are on social security I believe that those wages can not be attach in anyway for debt. You may have t rpove that this is your source of income. The credit card company may get the judgement against you but until you would have another source of income they would not be able to collect on the debt. If you want to see more information on this I would type social security and debt collection in your search engine. There should be a page that explains this in detail.
If I have a judgement against me in NC and I don't have a job and I'm a stay at home mom and do not own a house but me and my husband have a joint checking can they garnish my bank account even though the money being put in it isn't mine. Also my parents are getting a loan to buy me and my husband a house and are going to put me on the deed to the house. Can a lien be placed on the house even though the loan for the house is in my parents names? Any help would be appreciated.
FLorida
I just let my credit card go under because I was not getting ANYWHERE with payments the interest was 28%. The creditor just called and mentioned they could not stop calling and that the calls would persist even more if they decided on a judgement. What does this mean? I live in florida. thank you.
Hi Michelleleo,
Is there any way that you can get into a payment settlement with your creditor? Creditors can really harass you for money you owe them. However, you also have a legal recourse as per the guidelines of the Fair Debt Collection Practices Act. You cam legally ask them to stop calling you. But that doesn't make you not owe the debt. You still owe it. If I was in this situation I would try and negotiate a settlement with the credit company.
A judgment is something you must avoid. They don't even need to call you if they win a judgment against you. They can simply take away your money from the bank or your salary account - whichever is convenient. Speak with your creditor. But before you do that, do an assessment on your finances and see how much you owe and how much you can settle for. It is better to be prepared than fumble with your creditor while striking a deal.
creditcard debt
what if someone could not pay creditors if they have a big debt,and can they take you to court for ajudgement in the state of texas.
Hi Hbob,
Yes, the creditor can take you to court and get a judgment against you. However, before any such things happen, why don't you talk to the creditor and make an effort to strike a deal with them so that you can pay a certain amount of the debt and not the entire sum. I think you can do this before they plan to take you to court.
Michigan
my wife has a judgment from a credit card And I am self employed and not on card only she was . the only thing in her name is a car worth 1000.00 and is our ony car . we do not own a home . we tryed to work things out with the lawyers who where taking us to court . said keep our money he wanted a judgment . what can we do to keep a bialif from coming to our house and taking our things ?
Bailiff
Hi Willy,
One thing that you can do to keep the bailiff away is contact the court to reprocess the contract. Once the issue is taken to court, the bailiff won't be able to continue with the process of collections. Request the court to suspend the warrant, explain them your situation. In the meantime try to collect as much money as you can to pay off the dues.
judgement
what can they take in a sherrif sale
Just about anything that they want that is paid off and is legally yours to take.
Judgment in Florida
The only income I have is from S.S. and my military pension. Can a Credit Card Company that has a judgment take money from my bank account if the only money in there was from the government.
Depends on what state you are from, if you let us know then we can find out the state laws for you and post them here. Please leave the information so we can help you out.
it is crazy how laws very from state to state.
Garnishment
I live in Arizona. I own a home before my husband and I got married. A credit card company that my husband had before we were married has served my husband a summons and writ of garnishment for monies or property.. We have been making monthly payments out of our bank account for months and now they want more $ per month.. Can they come after me and my home that I have had before we got married? His name is not on the title of the home?
garnishment
Hi Michelle,
Can you tell whether this house is in your name, or is it jointly owned by you and your husband? Arizona is a community property state where both the spouses are held responsible for debt incurred by the other during the marriage. However, in this case, if you were not in any way added to this account, the creditor won't be bale to come after you, and your house.
Thanks,
Aaron
Maryland
I recieve a pension from the state of washington and live in Maryland can a cc card company garnishee my funds from a bank accoune. the only moneys that go into the account are pension and social security?
xOYEToBRPxwdISVj
Grade A stuff. I'm uqnuetsionably in your debt.
VDUYIfkQoqvqy
, he isn't working. I work at a sochol district and bring home less than $1,000 a month to support my family. My daughter is in college. We are running on empty plus being garnished $200 a month to cover this debt.No one, including the garnishor can tell me what this debt is for. When asked for copies of signatures and what was purchased, they don't have it. The Sheriff's department is in charge of the garnishment and they also have nothing and refer me back to the garnishor. I am running in circles and cannot afford a lawyer to fight this. What do I do?
Garnish savings in Michigan
I checked my savings in Michigan at a bank I haven't used in a while and they said it has been garnished. There is no money there. I missed court because I never received notice and got a default for 20k.
What can or should I do to. Are there any legal people who specialize in this area near Grand Rapids Michigan? Thanks
credit judgement
I've had this judgement on my record for almost 7 years and want it removed permanently.It's with Discover card.I've been found not responsible for many other unpaid debts and Discover decided to take me to court in 2006.I've been forgiven for about $10,000 and they want their $1722.I feel this was done with malice and trying to make an example out of me.They have spent more than 3 times the cost of the debt on legal fees.Should I appeal directly to the court?