Residence and garnishment question (credit cards -unsecured)

Submitted by charlesincharge on Tue, 10/06/2009 - 01:04
Forums

My question is this: Can a credit card company garnish wages from someone who resides in North Carolina, but works in Virginia? The credit contract was signed while the person's residence was in NC, with address on the contract NC, but work information was noted in VA. The persons wages are automatically deposited in a NC bank, if that matters. The credit card company is BOA. Thanks.

[Email id deleted as per forum rules.]

wage attachment can happen anywhere that the state allows it, it would follow the laws of your state of residence, that is where you pay taxes, live, etc. Check the laws for your state and see if garnishment is allowed.

Here in Pennsylvania wage garnishment is not allowed unless it is for child support or taxes, so if I worked in another state, they would still have to follow Pennsylvania rules when it comes to garnishment.

Hope this helps.

Tue, 10/06/2009 - 01:31 Permalink

Hi Charles,

As far as I know, the creditor has to follow the garnishment laws of the state where you live. That is, in your case, North Carolina. In North Carolina, wage garnishment is allowed only when it is for child support, federal student loans, debts for taxes and court fines. So if you are not indebted to any of these, the creditor cannot garnish your wages.

Tue, 10/06/2009 - 07:29 Permalink
Dewey (not verified)

If I work in North carolina and live in virginia and signed my credit cards in Virginia, can they garnishment my wages, or if I live in virginia and work in Virginia can they garnish me on credit cards

Wed, 11/11/2009 - 15:53 Permalink