QUESTION

Can I have my wages garnished if I owe money to a credit card company?

Asked on Jan 03rd, 2011 on Bankruptcy - California
More details to this question:
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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8 ANSWERS

Chapter 7 Bankruptcy Attorney serving Lisle, IL at Mankus & Marchan, Ltd.
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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.
Answered on Jan 08th, 2011 at 8:28 AM

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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.
Answered on Jan 04th, 2011 at 12:28 PM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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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.
Answered on Jan 04th, 2011 at 12:28 PM

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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.
Answered on Jan 04th, 2011 at 11:58 AM

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Yes they can and most likely will garnish your wages. Some times you can settle with the collection company.
Answered on Jan 04th, 2011 at 10:28 AM

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Bankruptcy Attorney serving Victorville, CA at Law Offices of Lady Justice
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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.
Answered on Jan 04th, 2011 at 10:13 AM

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Family Law Attorney serving Kingston, NH at DiManna Law Office, LLC
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Yes, and you can be ordered to make periodic payments by the court.
Answered on Jan 04th, 2011 at 3:58 AM

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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.
Answered on Jan 03rd, 2011 at 10:13 PM

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