Can I have my wages garnished if I owe money to a credit card company? How? 16 Answers as of June 30, 2015

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?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If they have a judgement, yes they can garnish your wages. The judgement will include what you owe, court costs, and attorneys fees. In most sates you can file papers to have them take out less. In California the garnishment starts at 25% of your gross wages (before taxes).
Answer Applies to: California
Replied: 6/30/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Yes, they can garnish 25% of your net take home pay each pay period.
Answer Applies to: Colorado
Replied: 6/30/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If they win the judgment they can garnish 10% of your gross income until the judgment is paid. You may want to file chapter 7 bankruptcy or retain an attorney to fight the creditor.
Answer Applies to: New York
Replied: 6/30/2015
Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
If you do not respond to the summons/compliant, the creditor will be entitled to a default judgment and may garnish your wages and accounts.
Answer Applies to: Nebraska
Replied: 6/30/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Yes. If they get a judgment against you, they have the right to garnishee your wages, unless your earnings are low enough to be exempt under the laws of your state. Good Luck.
Answer Applies to: Wisconsin
Replied: 6/30/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If a court judgment is entered against you, expect the court to add in additional amounts for attorney fees, court costs and interest. Depending on how long the debt has gone unpaid, $2,500 would be my best guess. But why are you asking me? The paperwork you received probably says what the creditor wants. Not being able to have the money to pay a debt is not a legal defense to a lawsuit for a debt. A creditor with a court judgment can take up to 25% of your wages until the debt is paid off. Expect to have additional interest, law enforcement fees and garnishment costs to your employer added to the awful judgment total. Unless your other debt is substantial, I would not expect bankruptcy to be an option for you. You may want to contact a local nonprofit credit counseling service for help.
    Answer Applies to: Nevada
    Replied: 6/30/2015
    Ronald K. Nims LLC | Ronald K. Nims
    If they get a judgment against you in court. They can garnish your wages, seize your bank account and put a lien on your house.
    Answer Applies to: Ohio
    Replied: 6/30/2015
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    If they've already filed a lawsuit, then unless you contest it, they will eventually wind up with a judgment. Once they have a judgment, which would be a civil judgment in the amount of whatever it is you owe, plus fees and interest, they can enforce that judgment by garnishing your wages. You might want to speak to a bankruptcy attorney fairly quickly. Consultations are generally free.
    Answer Applies to: California
    Replied: 6/30/2015
    Law Office of Joshua R.I. Cohen
    Law Office of Joshua R.I. Cohen | Joshua Cohen
    You wages can be garnished if you lose judgement. Hire an attorney or at get some tips.
    Answer Applies to: Connecticut
    Replied: 6/29/2015
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes. Consider filing bankruptcy.
    Answer Applies to: Alabama
    Replied: 6/29/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Once they have a judgement wages are the target.
    Answer Applies to: California
    Replied: 6/29/2015
    Stephens Gourley & Bywater | David A. Stephens
    Yes, if they get a judgment against you.
    Answer Applies to: Nevada
    Replied: 6/29/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    That is exactly what they are planning to do if they can get a judgment against you. State law sets the limits on garnishment. In Oregon, the limit is typically 25 percent of your wages after mandatory taxes and child support. If you don't want to file bankruptcy, the only alternative is to work out a voluntary payment plan with the creditor which might take a smaller bite out of your paycheck than would a garnishment. Consult an attorney about your options, because the clock is ticking on the lawsuit.
    Answer Applies to: Oregon
    Replied: 6/29/2015
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Yes wages can and will be garnished
    Answer Applies to: Michigan
    Replied: 6/29/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Yes, once the creditor obtains a judgment against you that is what will allow them to proceed with garnishment of wages as well as any other legal means to force you to pay what you owe. If you also have other debts that you are struggling with it might make sense for you to consider bankruptcy as a possibility. Most bankruptcy lawyers will offer at least a brief initial consultation to analyze your situation and discuss your options.
    Answer Applies to: Colorado
    Replied: 6/29/2015
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    A creditor that obtains a judgment can obtain a wage deduction order for 15 % of your wages, with a carve out representing the minimum wage. You should consult an attorney to see if the case itself is defensible, particular if not brought by the original creditor.
    Answer Applies to: Illinois
    Replied: 6/29/2015
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney