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Credit card garnishment laws in California

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natedog
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Subject: garnishment
 
Posted on Mon Feb 08, 2010 1:37 pm  

can garnishment for judgments be made at my place of work ? Like a payroll deduction ?
sha
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Subject: bankruptcy filing after a summons
 
Posted on Tue Feb 09, 2010 2:06 am  

I need to file bankruptcy because by ex husband of 40 years just walked out one day and left me to pay for a big expensive house an everything else that I was not able to do on the meager salary that I earn. It has been 31/2 years and I still not received a dime. I am severe financial state and need to claim bankruptcy however I do not have the money for the lawyer yet. Now I am being sued by one of the creditors. Can this still be dismissed in the eventual bankruptcy and also can they take the money that I will receive in my marital settlement (if it ever comes)?
mel
Guest






Subject: judgement
 
Posted on Tue Feb 09, 2010 7:25 pm  

hello,
creditor is seeking judgement against my husband and I. I don't own any asset except a van worth about $500 my husband own a house worth about $5000. and a van $700. can the creditor take that away from us.

thanks
retti wheat
Guest






Subject: information gave to soon to be ex-husband not a card holder
 
Posted on Mon Feb 15, 2010 5:17 pm  

please help I purchased a 52 inch tv last night walmart for my daughter. Husband thought I wa going to buy his stepdaughter,my daughter something! He got extremely angry. He called me on my cell phone on my way home asked me if i did. I said no,because i know how much trouble it would have been for me when I got home with our 4 year old daughter did not want her to see what would happen. My citi mastercard called my house my husband answered he is not a cardholder was not even aware i had this card. they ask if a purchase had been made by me. He ask yes what as it they did not tell him, he got mad a called back and ask them if i purchased a tv they told him yes. I was scared to go home and face the argument.can they do this it is not right they caused me and my daughter to go through terrible things. He has a credit card i called them one tim he asked me too. They would not give me any information so he had to call from his work. can i take legal action for their misconduct. I pay my bills ontime I took out this credit card for myself and amyself only for emergency times if needed. Please help with a anwser. Thank you so much for your time Please have a wonderful day! I hope I will be able to soon!!!
tay
Guest






Subject: judgement
 
Posted on Mon Feb 15, 2010 8:30 pm  

I filed for bankruptcy last year. One of my creditors sued me and won a judgement by default, even though I responded by hiring an attorney to negotiate a settlement on my behalf. I am so confused. I just received a document for the amount of the judgement, plus 29% interest from a different law firm then the one that originally sued me. What can I do??
taylor
Guest






Subject: Bankruptcy Judgement
 
Posted on Mon Feb 15, 2010 8:41 pm  

I filed for bankruptcy last year and was sued by a creditor. I hired an attorney to negotiate a settlement on by behalf. I just received a document from a different law firm other than the one that originally sued me, stating they had received a judgement by default and were intending to collect on the debt plus 29% interest. I am so confused. Can I send this new firm a Validation letter? Do I have any options?
taylor
Guest






Subject: Bankruptcy Judgement
 
Posted on Mon Feb 15, 2010 8:44 pm  

I filed for bankruptcy last year and was sued by a creditor. I hired an attorney to negotiate a settlement on by behalf. I just received a document from a different law firm other than the one that originally sued me, stating they had received a judgement by default and were intending to collect on the debt plus 29% interest. I am so confused. Can I send this new firm a Validation letter? Do I have any options?
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: filed bankruptcy,but still sued
 
Posted on Tue Feb 16, 2010 9:32 am  

Hi Taylor,

If you had filed for bankruptcy and it was granted, then in no way is a creditor allowed to sue you for debt. If it is done, you on your part can sue the collection company or the creditor, because they are under violation of law and Fair Debt Collection Practices Act (FDCPA).

However, you need to have some kind of proof that the collection company is suing you - the copy of the suits brought against you or recordings of their conversation with you regarding the lawsuit.
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fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 4246



123 Magic Points

 
Posted on Tue Feb 16, 2010 3:17 pm  

Have you tried to call the original lawyer you hired to take your case? He or she would know first hand if the bankruptcy was granted. If it was then that atty could even look to be sure that the collector was included in the bankruptcy. Also if you can not get a hold of this lawyer by any means then go to your courthouse and ask there. They would have any information concerning your bankruptcy.
I file over 15 years ago after the death of my first husband and some would continue to call me. I called my atty and he was quick to get the collection calls to stop.
Sofia
Guest






Subject: sss pension
 
Posted on Wed Feb 17, 2010 11:21 pm  

If a pensioner will decide to live outside USA, do you think the credit card company can garnish his pension if it is direct deposit from outside uS?
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: social security pension
 
Posted on Thu Feb 18, 2010 12:58 pm  

Hi Sofia,

Generally, pension cannot be garnished. However, for that you need to talk to your bank, and explain them that your only form of income comes from pension.

Moreover, you can check with the laws of garnishment of the place where you are living.

Hope this helps.
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sunshine
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Subject: credit card judgment
 
Posted on Thu Feb 25, 2010 2:07 pm  

as a pensioner can they take your car
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: reply
 
Posted on Fri Feb 26, 2010 11:49 am  

Hi sunshine,

If you are a pensioner, the creditor or collection agency may not be able to garnish your income. However, if you have any other assets, that had been used as a collateral, they can take it.
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Dave
Guest






Subject: Length of time of judgement
 
Posted on Sun Mar 07, 2010 3:15 pm  

I have been told that a judgment against you in PA must be renewed after a period of time or you can have the judgment vacated. What is the length of time before a judgment can be vacated?
Aaron

Aaron

Joined: 08 Feb 2010
Aaron's page
Posts: 2632



48565 Magic Points

Subject: time of judgment
 
Posted on Mon Mar 08, 2010 12:17 pm  

Hi Dave,

A judgment can be renewed after ten years. However in Pennsylvania a judgment can be renewed after 5 years. You can vacate the judgment, only if the judgment was an unfair one, or if you believe that it is without any basis.

Hope this helps.

Regards,

Aaron
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