QUESTION
Can I have my wages garnished if I owe money to a credit card company? How?
Asked on Jun 29th, 2015 on Bankruptcy - Illinois
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?
10 ANSWERS
Yes, they can garnish 25% of your net take home pay each pay period.
Answered on Jun 30th, 2015 at 1:08 PM
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.
Answered on Jun 30th, 2015 at 10:24 AM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
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.
Answered on Jun 30th, 2015 at 10:24 AM
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.
Answered on Jun 30th, 2015 at 10:23 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
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.
Answered on Jun 30th, 2015 at 4:13 AM
Once they have a judgement wages are the target.
Answered on Jun 29th, 2015 at 9:24 PM
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.
Answered on Jun 29th, 2015 at 9:17 PM
Bankruptcy Attorney serving Livonia, MI
at
Charles J. Schneider, P.C.
Update Your Profile
Yes wages can and will be garnished
Answered on Jun 29th, 2015 at 8:52 PM
Deborah F. 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.
Answered on Jun 29th, 2015 at 5:26 PM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
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.
Answered on Jun 29th, 2015 at 4:51 PM