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Credit card garnishment laws in California

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deborah
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Subject: Credit card garnishment laws in California
 
Posted on Tue Nov 11, 2008 1:27 am  

In California what can a credit card judgment garnish and can they affect my husband if he is not listed on the credit card debt. What do you think about credit card default judgement? Do you know the credit card garnishment laws?
goodnatured



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389 Magic Points

Subject: Credit card judgement
 
Posted on Tue Nov 11, 2008 3:03 am  

I am not real sure about California credit card garnishment laws, did you google it and see what comes up? that is usually how I start researching something. Hang out, I am sure that someone will be along soon to help you out.
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carol

carol

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Posted on Wed Nov 12, 2008 4:49 am  

Hi Deborah
Only the primary borrower and the co-signer are responsible to pay back a debt. If your husband has not been a co-signer to the debt, then he is in no way responsible for the debt, and so his credit report will not list the outstanding debt amount. That's why your husband need not to think about any credit card judgement. However, if you find the negative listing in your husband's credit report, you can send a dispute letter to the credit bureaus asking them to remove the listing.
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Justin

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Subject: Credit card garnishment
 
Posted on Wed Nov 12, 2008 5:09 am  

Yes, in California, wage can be garnished for repayment of credit card debts. There are only 4 states in US where wage cannot be garnished. They are Texas, North Carolina, South Carolina and PA. Go through your credit card garnishment laws properly to know more about judgment and garnishment. However, not more that 25% of your disposable income can be garnished. However, as far as I know, if you pay back the judgment amount within 10 days with the clerk's office in the court, you can stop garnishment of your wages by submitting the receipt you receive from the clerk's office with your employer.
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betsy
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Subject: credit card judgement garnish paycheck
 
Posted on Mon Nov 24, 2008 7:58 pm  

Can creditor garnish my paycheck? Can wages be garnished for credit card debt?
fireyone



Joined: 26 Feb 2008
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96 Magic Points

 
Posted on Mon Nov 24, 2008 11:21 pm  

Hi Besty, It depends on your state. There are some states (4 in total) where a debt collector can not garnish your wages unless it is for taxes or child support. Can you give us all a bit more information as to where you are from, how old your debt is, have you sued by credit card company before garnishment and when you made the alst payment and we can see if you can be garnished and if you are still able to even be held legally responsible for the debt. The more information you give us the more we can help. Also is this the original creditor?
linda leboon
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Subject: credit card debt
 
Posted on Tue Dec 30, 2008 1:23 am  

waltman wweinberg and reese have contacted me about a debt at least four years old the last payment was made dec 20 2004 i beleive the ststute of limitations is four years in pa if this is correct what do i do they claim they sent a letter dated dec 19 2008
Justin

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28944 Magic Points

 
Posted on Tue Dec 30, 2008 11:43 am  

Yes, the Statute of Limitation is 4 years in PA and since you made your last payment on 20th Dec 04, the SOL has expired by now. However, you should send a debt validation letter by certified mail and wait for their validation. While validating the debt they need to provide you with details of your last payment towards the debt. If it is in Dec 04, you need not make any payment towards the debt even if they force you to do so over phone. This is because if you make any payment towards the debt, the SOL will rewind and you may be required to pay off the entire debt.
Rebecca
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Subject: Wage Garnishment
 
Posted on Fri Jan 09, 2009 5:33 am  

Mann Bracken has a judgment against my husband for $11, 444, per a letter they sent in October 2008. December 2 they send out another letter saying the amount is $12,131. This is from a $3,300 balance transfer on a Discover Credit Card from 2003. Doesn't the amount due stop once they get a judgment? Has anyone heard of cash settlements for 30% of the total amount due? How can you be sure that the judgment will be removed? Can credit card companies garnish wages?
Mary

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Posted on Fri Jan 09, 2009 10:30 am  

If the judgment is for $11,444, then you need to pay that amount only. They cannot charge $12131 from you. Now, the creditor has the right to collect the outstanding debt from you legally either through garnishment of your wages or through garnishment of your bank account. At this stage I don't think that it is possible to go for debt settlement with your creditor because there is already a judgment against you. Debt settlement is possible when you find the debt listed with the credit bureaus and the creditor considers as a bad debt. That's why you should be aware of credit card garnishment laws before taking out a credit card.
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scott

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10890 Magic Points

Subject: Judgement on credit report
 
Posted on Fri Jan 09, 2009 10:50 am  

Judgment is a public record which cannot be removed from your credit report before seven years. However, if you think that you do not owe the debt and file a motion to vacate a judgment, and your judgment is vacated, then only you can get a judgment removed from the credit report. Judgement on credit report may lower your credit score by as much as 100 points and sometimes even more.
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SCOTT

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fireyone



Joined: 26 Feb 2008
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96 Magic Points

 
Posted on Sat Jan 10, 2009 3:41 am  

Scott, I was under the impression that a person only had 30 days from the time the judgement was issued to file the motion to vacate? What are the guidelines surrounding a motion to vacate? What would be the impact of credit card judgment on my credit score?
Doc

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1268 Magic Points

 
Posted on Sat Jan 10, 2009 8:37 pm  

One simple correction Scott....
Judgments CAN BE REMOVED... (see my site's examples page)
The FCRA requires 100% completeness and accuracy. If any element of the reporting does not meet those standards, the item is subject to correction or deletion.
Trust me when I tell you that the majority of all public records fail to meet the standards, and that's why we have examples of several kinds of public records posted on that same examples page...

Not "pitching", I just don't want ANYONE to give up hope.... It CAN be done!
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LG
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Subject: Credit Card Company Judgement
 
Posted on Wed Jan 21, 2009 10:57 pm  

Can a credit card company place a judgement on a checking or savings account in California?? and seize funds as if it were a IRS lien or child support issue? What is a credit card judgement lien? Thanks,
carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30038 Magic Points

 
Posted on Thu Jan 22, 2009 5:45 am  

Yes, if a credit card company can bring a judgment against you to recover the outstanding debt, he can garnish your bank accounts for the same. Whenever, there is a credit into your bank account it will get garnished and this process of garnishment will continue till the time the debt along with the charges associated with the judgment is repaid in full. So you should know what can credit card companies do.
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