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smuggs
Joined: 19 Sep 2008
smuggs's page
Posts: 1
87 Magic Points
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Subject: court judgement from credit card
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Fri Sep 19, 2008 3:18 pm
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| Put your question here ...In pennsylvania can the court garnish a state pension or SSDI? |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3735
10 Magic Points
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Sun Sep 21, 2008 12:10 am
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smuggs,
It depends on what it is being garnished for, they can garnish for taxes and for child support, that is it.
I found this information for you from an attorney. I will post the link and the information for you.
Can a Debt Collector threaten to garnish my wages in PA?
A debt collector cannot threaten to garnish wages in PA unless it actually has the right/possibility to do so. A credit card company, or a collection agency would not typically have this right under PA law. If a Debt collector does threaten to garnish your wages, you may be eligible to file a lawsuit against them.
I am well versed in the rights of creditors and debtors, and in many areas of consumer law, based in part in my knowledge of the law and my experience in dealing with hundreds and hundreds of these types of cases. If you have a collection agency attempting to collect a debt from you, by means of garnishment or otherwise, please contact my office at 412-823-8003 or send an email to Attorney Greg Artim
"http://www.gregartim.com/garnishment.htm#Can_a_Debt_Collector_threate n_to_garnish_my_wages"
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Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Sun Sep 21, 2008 12:14 am
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| Well at least that is one thing they do not have access to. I keep finding out how people get money taken from their checking acccounts without allowing it. They need to pass a law on this next. |
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anthony
Joined: 31 Jul 2006
anthony's page
Posts: 550
13573 Magic Points
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Tue Sep 23, 2008 7:32 am
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Hi Smuggs
Goodnatured is right. Social security benefits including state pension cannot be garnished for repayment of credit card debts. For this all you need to do is to inform the court that the income that comes in your account is your social security benefit. However, if you have outstanding Federal taxes, alimony and child support obligations, your social security benefit can be garnished by a judgment. A collection agency can never threaten you to garnish your social security benefit, in fact they do not have the right to do so unless and until they obtain a judgment from the court to garnish your account and for credit card debt, the court cannot give judgment to garnish your ss benefit.
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Anthony Marx
A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Wed Sep 24, 2008 5:46 pm
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| Where are you guys finding all the info on what states can garnish. I was trying to find out for a guy from Colorado and didn't come up with the states laws of garnishment. |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17413 Magic Points
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Fri Sep 26, 2008 12:45 pm
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As per Colorado Garnishment laws, if the garnishment is made on a weekly basis, the maximum amount that can be garnished is 154.50$ or 75% of Disposable income whichever is higher and if the garnishment is made on a monthly basis, the maximum amount that can be garnished is 669.50$ or 75% of Disposable income whichever is higher.
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Where there's a will, there's a way !! |
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Raph Hook
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Subject: Credit Card judgements
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Thu Oct 02, 2008 5:09 pm
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| I live in Michigan. Can a judge impose a monthly payment plan on a credit card debt judgement |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Thu Oct 02, 2008 10:43 pm
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I am not sure on Michigan but hang in there surely someone will know.
Mary, what do you mean by 75% of disposable income? Is that after all the persons mothly bills and money needed for groceries and gas? I would like to hope that it is because who could obly survuve on the remaining 25%? |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1093
25288 Magic Points
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Fri Oct 03, 2008 5:54 am
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In Michigan, a judgment can be issued to garnish a maximum of 25% of the wage. However if the employee earns the minimum wage or is just above the minimum wage, his wage cannot be garnished. In case the debtor wants a payment plan, the same may be granted by the court and in such cases wages would not be garnished if the debtor pays the amount in time.
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All the Best 
Justin |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Tue Oct 07, 2008 10:29 pm
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| Thanks Justin that clears that up but what about what MAry said about taking up to 75%? |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17413 Magic Points
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Fri Oct 10, 2008 5:26 am
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What I mean to say is that, Colorado laws allow a maximum of 75% of your disposable income to be garnished. As per the state law, 25% must be left with you for your own expenses. Now disposable income means the portion of your income you get after deduction of taxes. The garnishment can be made either on a weekly basis or on a monthly basis till the time the debt has been paid back in full.
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Where there's a will, there's a way !! |
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PK
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Subject: SSDI garnishment in CO
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Fri Oct 24, 2008 11:55 pm
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I live on a mere $732 SSDI a month. However, when I was working I got several credit cards which I have charged on to stay alive (as took 18 mos before I had ANY income). I have paid faithfully no matter what, my minimum payments. NOW one has doubled my payment for NO reason other than that they can! I have PERFECT credit! I just don't charge, got all of them onto LOW % and keep paying the minimum, but each month gets harder. I thought Congress voted that credit cards couldn't do this (up our set % rate and up our payments!)
Can they get a garnishment of my puny SSDI? Can they take money out of my bank account? How much does it cost to file bankruptcy in CO? |
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PK
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Subject: SSDI garnishment in CO
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Fri Oct 24, 2008 11:56 pm
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I live on a mere $732 SSDI a month. However, when I was working I got several credit cards which I have charged on to stay alive (as took 18 mos before I had ANY income). I have paid faithfully no matter what, my minimum payments. NOW one has doubled my payment for NO reason other than that they can! I have PERFECT credit! I just don't charge, got all of them onto LOW % and keep paying the minimum, but each month gets harder. I thought Congress voted that credit cards couldn't do this (up our set % rate and up our payments!)
Can they get a garnishment of my puny SSDI? Can they take money out of my bank account? How much does it cost to file bankruptcy in CO? |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Sun Oct 26, 2008 12:43 am
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| I am not sure but I do believe they did passa a law like this. BUT I had all my monthly payments raised about a half a year ago. They did not double but went up quite a bit. I will let others handle your other question about the garnishment because I am not real familiar in this field. |
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Guest
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Subject: Indiana
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Wed Oct 29, 2008 6:20 pm
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| Can a CC company get a Judgment when the person they are sueing was not told about the court date? |
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