Question by : Can a debtor garnish my wages in the state of California? I had a credit card with over $ 2,000 on it. The last payment I made was 6/2009. I have been getting calls telling me it will be going to a legal dept of a company that bought my debt from the original creditor. After it goes to the legal dept., I was told they will garnish my wages to pay off the full balance. Best answer for Can a debtor garnish my wages in the state of California?:
Answer by CatDad
Yes...but only if they take you to court and win a judgment. Debt collectors do not have direct power on their own to garnish wages. Any legal threat from a debt collector should be considered suspect. Debt collectors love to pretend to be or represent attorneys to scare you. There is a quick way to find out: Ask them for the full name of their alleged attorney and his/her license # in the Calif. state bar association. If they can provide this info, then the legal threat is real....If they cannot, the threat is most likely a bluff. - The way to pay back old charged off credit card debt is to settle for less up front, being that you'll be punished with bad credit with a charge off regardless of what you do. Assuming you have money saved up, then offer to settle the debt up front for $ 500 and go from there. Only do this if you can pay up front. They won't give settlements if you can only pay in small amounts over several months/years. Before you pay, get a settlement letter on their letterhead stating that the account will be "Paid in Full" once the agreed to amount is paid. Once you get this, pay with a money order. Photocopy the settlement letter + check and keep in your records forever as documentation that the debt was settled.
Answer by informationneeded
your wages can only be garnished after the credit card company obtains a civil judgment and a writ of execution asking the court to allow wage garnishment, it is quite a process, and takes time, they must win a civil suit and you have the opportunity to appear at the proceeding, then they must allow the appeal process time to lapse, then obtain the writ,and request garnishment. the government has bailed out many cc companies and they are pushing us all in ways that are not generally acceptable. They must offer you a settlement offer and most will allow a discounted amount and allow several moderate payments to pay the settlement offer, keep working then as much as they are working you
www.GarnishWage.com Who Can Garnish Your Wages More on Credit Companies And Debt Collectors youtu.be It is important to ensure that you make your monthly credit card payments as agreed. If you don't, the credit company will issue you notices and past due statements which serve to remind you that you need to pay your outstanding balances. Continually ignoring these notices may lead the credit company or debt collector to filing a legal action against you. Once a lawsuit has been filed against you, it is imperative that you appear during court summons; otherwise you will lose the case due to default. Appearing in court gives you the chance to defend yourself in regard to debt repayment. However, if you lose the case, the court issues a judgment order which gives the authorization for the garnishment of your wages. Money can be garnished from your bank account or your paycheck to pay the creditor. If you think that after the judgment is rendered, your remaining income would not suffice to support yourself and your dependents, you should negotiate with the court for a reduction of the amount to be garnished from your income. Remember that there are Federal and state laws that regulate garnishment so that some degree of protection is also given to you as a consumer. Wage garnishment is not something you want to happen to you. In the event garnishment happens to you, and you have reason to believe that the wage garnishment was a mistake or that you have not been served proper ...
creditcardsbusiness-tips.blogspot.com Who Can Garnish Your Wages- More on Credit Companies and Debt Collectors
Teacher's Wages Garnished as U.S. Goes After Loan Default ... Brice's case shows how tough the government can be when it comes to collecting its share of student-loan debt, which totals $ 1 trillion, surpassing the amount owed on credit cards ... Teacher's Wages Garnished as U.S. Goes After Loan Default
Getting your wages garnished can be the worst. It comes out of nowhere and boom. 25% of your paycheck is gone. How are you going to pay your bills and make rent. Are you going to suffer through it or do you fight back. If you want to avoid it what can you do. Well, there are only a few choices and none of them are easy. Your creditor or collector has gone through a lot of effort to get to this point and they've got you over a gun barrel. They definitely aren't in the mood to negotiate or accept payment arrangements, they're already getting their money. Here's how you can get it back.
1. Move jobs
This may sound like a pain, but let's put it this way, if your job is easily replaceable it may be easier to move down the road and avoid paying that $ 5k. It takes a lot of energy for creditors to find out where you work and once they've had a garnishment go belly up odds are they're done pursuing it. For some people this makes a lot of sense, for others that can't or won't leave there are options.
2. Take a vacation
This won't make it go away but they may think because your wages stopped being garnished you left your job. Most states only keep garnishments active for 60 days once payments stop. If you can take an extended leave you'll come back with a garnishment free paycheck until your creditor gets wise.
3. Bankruptcy
The B word, may be ugly but it works like a sledgehammer on debts. As soon as you file your attorney should send a copy to the Sheriff's office and the garnishment will stop immediately. The plus side is you get all your other debts wiped out and your credit score may go up. The downside is you're bankrupt and your credit score will probably go down.
4. Pay it off
You obviously don't have the money but if you weren't losing 25% of your paycheck you could make a payment on a loan to friends, family, employers etc. Avoid high interest loans but remember that it's OK to ask for help. Call your state's credit counseling services to see what help is available. Realistically, this is your best option.
5. Get the judge to set aside the judgment
If you really want to fight it you can file a "motion to set aside judgment" you will have a hearing in front of a judge and you'll have an opportunity to convince him to rehear the case which means judgment will be set aside until the case can be retried. You need a good reason. If you say you were never served, than you were denied due process and didn't have the opportunity to defend yourself. In these cases judges are often open to setting aside the judgment and rehearing the matter in a month or two. Some procedural technicality could really save you here. Find More 5 Ways To Stop A Wage Garnishment Issues
Tidak ada komentar:
Posting Komentar