Can I have my wages garnished if I owe money to a credit card company? 21 Answers as of January 08, 2011

I am being taken to court by a credit card company. I owe $6500. What type of judgement am I looking at? I do not have the money to pay the bill. I am employed. Can they garnish my wages?

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Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
Once the credit card company obtains a valid judgment from a State Court, it can pursue collection of the judgment by bank levy, wage garnishment, and other means. Consult with an attorney.
Answer Applies to: Illinois
Replied: 1/8/2011
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
I would expect that they can garnish your wages. What they can do depends on state law, I can only answer for SD.
Answer Applies to: South Dakota
Replied: 1/6/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
They have the same remedies available as any other creditor that obtains a judgment, and that depends on the laws of whatever state you are in. In most states garnishment of wages is allowed up to a certain percentage.
Answer Applies to: California
Replied: 1/4/2011
Christopher Legal Group
Christopher Legal Group | Shawn Christopher
The credit card company may be able to garnish your wages and levy a bank account if it obtains a judgment against you. If they are suing you and you do not respond, the creditor will usually get what is known as a default judgment. Once the judgment is obtained, the creditor will have to ask the court for a garnishment order.
Answer Applies to: Nevada
Replied: 1/4/2011
Carballo Law Offices
Carballo Law Offices | Tony E. Carballo
Yes, once there is a judgment issued by the Superior Court it can be enforced in many ways including garnishment of wages, levy of a bank account, filing of an abstract of judgment in the County Recorder's Office which become a lien on property you own in the County and you can be ordered to appear in the Superior Court for an examination under oath so that the creditor can find out where you work, how much you make, where you have bank accounts, if you own any property, etc. If you do not appear the Superior Court can issue a bench warrant for your arrest. The judgment will be for the amount owed plus late charges, interest and attorneys' fees for the creditor's attorney. If you answer the complaint for money in the Superior Court issuance of the judgment will be delayed while the case is set for trial but eventually you will probably lose the case if it is true that you owe the money. You might want to discuss the situation with a local bankruptcy attorney to see if that is an option for you.
Answer Applies to: California
Replied: 1/4/2011
    Stuart Jon Bierman  Attorney at Law
    Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
    In New Jersey, a creditor who obtains a judgment can then proceed to seek approval of a wage garnishment from the court.

    There is a formula that calculates how much money can be removed from your paycheck, it depends upon the number of dependents a person has and a few other factors.
    Answer Applies to: New Jersey
    Replied: 1/4/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    If the credit card company is able to obtain a money judgment against you, then they can garnish your wages to collect on such judgment. Most credit card companies will settle the account for 50 percent of the amount owed. Sometimes a parent or family member can help with a loan to help get the matter resolved.
    Answer Applies to: California
    Replied: 1/4/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Once they obtain a court judgment, they can then pursue wage garnishment against you. A bankruptcy would stop all of that.
    Answer Applies to: California
    Replied: 1/4/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Yes they can and most likely will garnish your wages. Some times you can settle with the collection company.
    Answer Applies to: California
    Replied: 1/4/2011
    Law Offices of Lady Justice
    Law Offices of Lady Justice | Mona Patel
    A judgment in granted in the favor of a creditor can be for either a levy, wage garnishment or even a lien. A chapter 7 bankruptcy can eliminate that judgment.
    Answer Applies to: California
    Replied: 1/4/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, they can garnish your wages once they have a judgment. You need to see a lawyer.
    Answer Applies to: California
    Replied: 1/4/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    The credit card company can get a judgment against you and move forward to garnish your wages or levy accounts. If you have other debts and your total debts equal about $7500 or more, you might want to consider bankruptcy as an option.
    Answer Applies to: California
    Replied: 1/4/2011
    Steven D. Keist, Attorney at Law
    Steven D. Keist, Attorney at Law | Steven D. Keist
    Yes once the company has obtained a Judgment, it will be able to garnish your wages, bank account, etc.
    Answer Applies to: Arizona
    Replied: 1/4/2011
    DiTocco Law Group, PLLC
    DiTocco Law Group, PLLC | Tony DiTocco
    In Florida, if the credit card company gets a judgment against you, they can petition the Court to garnish your wages. A Chapter 7 Bankruptcy filing will probably make the judgment go away; you should consult an attorney to understand your options.
    Answer Applies to: Florida
    Replied: 1/4/2011
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    Yes, and you can be ordered to make periodic payments by the court.
    Answer Applies to: New Hampshire
    Replied: 1/4/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Depends on your state law. They can garnish your pay here in Virginia and in about half of the states. They can take 25% of your after tax pay.
    Answer Applies to: Virginia
    Replied: 1/4/2011
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    Yes, once your credit card company obtains a judgment against you, it may seek to garnish your wages as a means of enforcing the judgment. This may result in up to 25 percent of your net earnings being taken from you. It may be possible for you to negotiate a repayment plan with your credit card company and avoid having your wages garnished. Contact an attorney immediately before the judgment is entered.
    Answer Applies to: California
    Replied: 1/3/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    They can absolutely garnish your wages (at up to 25 percent per check) once they get a judgment against you. I would not wait till that happens.If you cannot pay the debt, I would file for bankruptcy.
    Answer Applies to: California
    Replied: 1/3/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    The credit card company can't just waive a magic wand and start garnishing your wages. They first have to file a lawsuit against you (which they have done). When you are served with the legal papers, you have 30 days to file a response with the court. If you don't, then the credit card company can default you, get a judgment, and start garnishing your pay immediately. If you do, it will drag things out a few more months.

    Filing bankruptcy stops any such actions in their tracks. It's well worth it to discuss this in a free initial consultation.
    Answer Applies to: California
    Replied: 1/3/2011
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