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Can a credit card company garnish your wages? |
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A creditor can not garnish your wages without a court order. Actually, the only thing they CAN do is to take you to court, which is a possibility. However, without such action, there is nothing they can do to you outside of calling you and writing you in an attempt to collect on the debt.
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Capitol one had a judgement on my husband and two months later without a court order garnished my checking account for his debt. What can I do? I thought it was illegal to take money out of my account without a court order and the bank let them. Sincerly Debra Murphy
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Wage garnishment laws vary state to state although there are federal guidelines. You need to speak with a lawyer if this is a concern. In general, most states do not allow wage garnishment for credit card debt.
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There are only four states that do not allow wage garnishment for credito debt, they are North and South Carolina, Pennsylvania and Texas. If a creditor has a judgment, then a lawsuit has been filed and the plaintiff/creditor won the suit and received a writ of judgment. Garnishment of wages or levy of bank accounts cannot be done arbitrarily by a creditor, they must follow due process even if it involves arbitration proceedings. Banks cannot release funds to a creditor for repayment of debt w/o a valid court order allowing the action.
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Only after they have gone through the process of taking you to court suing you, winning the suit, and then applying for a garnishment order. All of this takes time and oney. They can sue you in small claims court, depending on the amount you owe and your state. It is always best to try and reach an agreement with the company before it reaches litigation.
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CAN ONLY GARNISH CERTAIN AMOUNT OF WAGES BUT THEY MUST HAVE A COURT JUDGEMENT FIRST. OFTEN TIMES YOU CAN GET A JUDGEMENT VACATED...GET ATTY...See my website "www.drg.cc/newlife"
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First answer by David Wolfer. Last edit by Macky. Contributor trust: 2945 [recommend contributor]. Question popularity: 228 [recommend question]
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