Credit card garnishment laws in California

Submitted by Anonymous (not verified) on Tue, 11/11/2008 - 01:27
Forums

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?

CantRemember (not verified)

I just finished a service plan with MyCreditEdit.com. The plan was for 24 hour credit repair service. I just got most of my results back, and their service was able to delete 4 out of the 5 negative items. The remaining item is a judgment from 09/2009. They are still working on it, however. What can be done?

Wed, 12/30/2009 - 13:01 Permalink
Patty (not verified)

I am 61 years old, I live in Ohio, in 2003 I had a Capital one credit card, and now they have filled a judment against me, for $1800, I haven't worked in 16 years, can they attach my checking account or when I file for social security can that be seized. Also I though you needed to get a certfied letter stating that you are to appear in court? Please advise me. Thank you

Wed, 12/30/2009 - 20:04 Permalink
mclite2010 (not verified)

if a credit card is issued from a account with a bank that I have my checking accouny with can they freeze the account if the account is in my name and my sons, who does not owe them and the only deposit is my ss and my pension ?

Fri, 01/01/2010 - 15:52 Permalink
IBANE247 (not verified)

IF I HAVE JUDGEMENT VACATED BECAUSE I WAS NOT SERVED (I LIVE IN CALI) AND THE STATUE OF LIMITATIONS (4 YEARS ) HAD XPIRED , CAN I SUE THE COLLECTION COMAPNY THAT TRIED TO SUE ME FOR DAMAGES COST ETC?>

Wed, 01/06/2010 - 07:17 Permalink
brenda (not verified)

My husband recieved a judgement or complaint from a law firm for a sears card that he had applied for years ago and fell behind on the minimun each month due to being ill and having limited income.The law firm contacted him by phone at his job and left a message for himto call them. after he got off work he retuned the call and they wanted payment he explained that he had health problems and could not pay the amount they asked.So he arranged to pay 25.00 amonth but they did not tell him where to make payments so he sent them to the original collection agency that sold the account . tham a month and a half latter the constable delivers judgement papers .What are his options?

Fri, 01/08/2010 - 00:22 Permalink
Adele (not verified)

Can a credit card company get a judgement and would my home or homes, SS, Disabilty Ins pmts, cars or bank accounts be attached? Should I have automatic deductions stopped on my accounts so money isn't automatically deposited? I am on disability and disability ins thru my past work. My husband gets VA disability and no pay check, but monies that get deposited go out automatically for bills.

Have an attorney threating letter.

Wed, 01/13/2010 - 22:07 Permalink
melyoplace (not verified)

Are there any exceptions in the state of PA when a creditor can garnish wages on a credit card judgement?

Mon, 01/18/2010 - 06:27 Permalink
melyoplace (not verified)

I have received a judgement last week but I'm also filing bankruptcy which will be complete this week per my attorney. Will the bankruptcy still protect me from the garnishing procedures?

Mon, 01/18/2010 - 19:08 Permalink
pat (not verified)

my wife 5 years ago had a outstanding debt on credit card.. The debt was $20,000 and a crewing intrest.. No way we could pay that amount..two years ago a lawyer sent us a letter working
for a collection agency asking for money.. We never replied and didn't hear anything two years and now yesterday we received another letter from the same lawyer.. He said. the courts had closed the case by mistake.. And now they want to re-open...
They said they would settle for $4,500.. Since then my wife has
another credit card and is on a house loan...Do they have a case
since the court closed it already.. Should we pay the $4,500 or try to low ball them... I have since homesteaded or house.. little worried.. but also dont want them to garnish her wages... I think
we might pay the amount ... or should we?

Fri, 01/22/2010 - 21:57 Permalink
Joe O (not verified)

Live in NJ,I have my SS and 3 small pensions,can they levy my pensions

Mon, 01/25/2010 - 02:38 Permalink
Julie (not verified)

Does anyone know that if a judgement for credit card debt is issued in NY,can your tax refund be garnished?

Mon, 01/25/2010 - 22:18 Permalink
melyoplace (not verified)

I have a credit card judgement from the court however I have recently filed bankruptcy since my household income has dropped 50% due to my wife taking disability and not sure when she will return to work. This is an old debt of roughly 4 years. Will the bankruptcy protect me from any wage garnishment? I live in Philadelphia?

Tue, 01/26/2010 - 05:37 Permalink
abul mia (not verified)

the first creditor failed to validate the debt and now they sent that debt to a collection agency . now I want to know if I have to pay that debt or if they will mess my credit report

Tue, 01/26/2010 - 23:45 Permalink
freddy1 (not verified)

I received a summon this past week for a credit card bill which I was forced to default on. I have been enrolled for a year making my escrow payment every month and my total enrollment is for for 40 months to pay off my credit card debt. The attorney for the creditor said i had ignored all contact and refused to pay on my bill. My attorney that i am enrolled in contacted the credit card company that they had the power of attorney and everything was sent to them. I owed them $13,500 and last april the creditor call my lawyer and offered a settlement for $4500 and I did not have enough in escrow. What should I do. I have all intentions to pay this debt.

Sun, 01/31/2010 - 03:34 Permalink

Hi Freddy,

First you will have to answer to the summons. You also need to contact the creditor and make them understand that you want to pay the debt. Explain that last year your financial situation was bad,so you were unable to pay the debt. Request them to settle for a lower amount if you still have problems. However you can do all these with the help of your attorney.

Mon, 02/01/2010 - 10:26 Permalink
Tom Talor (not verified)

If a credit card company gets judgement against you in pennsylvania what can they do to collect the judgements? Can my personal property be sold ?

Tue, 02/02/2010 - 16:13 Permalink
Kate (not verified)

Pat- Do not agree to anything or pay a dime until you make them validate this debt because it could be past the Statute of limitations in your state. If you pay anything at all, it will restart all over again. Send this lawyer a certified letter return receipt and demand that they send validation of debt. Under the FDCPA they have to provide this and if they fail to send it, and try to sue, it can be dismissed for failure to provide validation, which is a violation of the FDCPA. If it is past the SOL, it can be dismissed for that reason. The lawyer is probably hoping that you will just agree to pay on it for that amt. because he knows that if he tried to sue you, it would be dismissed. Do not acknowledge the debt or pay a dime until it is validated and you find out if the SOL is expired.

Tue, 02/02/2010 - 19:14 Permalink

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. A judgment in your credit report may lower your credit score by as much as 100 points and sometimes even more.

the amount of time that judgment can be on your report depends on your state. It is usually longer than 7 years. the big issue is that the creditor can go to court to renew the judgment, and that means it can stay there practically for ever. You can dispute these accounts with the CRAs and you can go to court and fight to have the judgment vacated, but it is challenging. Judgments are the toughest negatives and I would advise avoiding it at all costs.

Wed, 02/03/2010 - 11:22 Permalink
Screw the gree… (not verified)

"Does anyone know that if a judgement for credit card debt is issued in NY,can your tax refund be garnished?"

No they can't .. only the government can garnish your tax refund

Thu, 02/04/2010 - 08:47 Permalink
Screw the gree… (not verified)

Here's a tip for all the people who's afraid of wager garnishment.

Don't let them know where u work!
Change bank accounts!

They can't collect what they can't find!

Don't talk to those assholes ... the more u talk the more info they get about u.

U either pay or u don't ... u have a choice! What are they going to do to u? Kill u ...hahahaha Think people. It's all scared tatics. Your credit is already screwed. Live on cash! U'll be wiser with your spending.

Thu, 02/04/2010 - 08:58 Permalink

well, they can find out where you work if they really look, but it takes effort to get wage garnishments. in comparison it is easy to seize a bank account.

Thu, 02/04/2010 - 11:43 Permalink
natedog (not verified)

can garnishment for judgments be made at my place of work ? Like a payroll deduction ?

Mon, 02/08/2010 - 13:37 Permalink
sha (not verified)

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)?

Tue, 02/09/2010 - 02:06 Permalink
mel (not verified)

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

Tue, 02/09/2010 - 19:25 Permalink
retti wheat (not verified)

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!!!

Mon, 02/15/2010 - 17:17 Permalink
tay (not verified)

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??

Mon, 02/15/2010 - 20:30 Permalink
taylor (not verified)

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?

Mon, 02/15/2010 - 20:41 Permalink
taylor (not verified)

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?

Mon, 02/15/2010 - 20:44 Permalink

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.

Tue, 02/16/2010 - 09:32 Permalink

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.

Tue, 02/16/2010 - 15:17 Permalink
Sofia (not verified)

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?

Wed, 02/17/2010 - 23:21 Permalink

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.

Thu, 02/18/2010 - 12:58 Permalink

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.

Fri, 02/26/2010 - 11:49 Permalink
Dave (not verified)

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?

Sun, 03/07/2010 - 15:15 Permalink

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

Mon, 03/08/2010 - 12:17 Permalink
marie (not verified)

i have a credit card judgement in nc can they levy my checking or savings account? they sent some type of letter wanting me to exempt property? i dont understand?

Thu, 03/25/2010 - 15:58 Permalink

Hi Marie,

Whether or not a bank account can be levied depends on your state laws. If there is a judgment, your accounts may get seized. However, each state has an exemption limit which generally is within the $1K to $2K range.

As for the exemption, can you be more clear on the details? Can you tell me who sent you the exemption form?

Thanks,

Aaron

Fri, 03/26/2010 - 07:53 Permalink
robert cox (not verified)

i live in pa.,but bank account is in md. can i be garnished

Fri, 03/26/2010 - 19:51 Permalink

I am not real sure how that would be handled, weather it will follow the laws of pennsylvania or maryland.

Fri, 03/26/2010 - 23:55 Permalink

Hi Robert,

Yes, your account can get garnished. However, this depends on the state laws om garnishment too. You can consult a lawyer for better advice.

Thanks,

Aaron

Sat, 03/27/2010 - 10:50 Permalink
Robert G. Steller (not verified)

If I live in California but my employer is in North Carolina and my pay checks drafted there can they garnish my wages. I am not sure if it is where I live or where my employer writes checks. I know that North Carolina is exempt from garnishing wages

Sun, 04/04/2010 - 03:04 Permalink
john felstow (not verified)

Can a bank acct. with only SS & union retirement funds in it be taken by CREDIT CARD JUDGEMENT ?

Wed, 04/21/2010 - 19:36 Permalink
Anonymous (not verified)

i run my own home daycare,how can they get money from me?my business took adown fall ayr ago. n i tryed talking to my creditors n all they do is argu with me.the charges on my credit cards are not all from me.. its over limit n late fees..my car is payed for, not worth any amount.. im a single mom 2 kids 1 is anerexia.. i do get child sup... can they go after my cking acct?

Wed, 06/09/2010 - 02:37 Permalink
Anonymous (not verified)

how does a judgement work? can they make me sale my home or is it just when i choose to sale it. i only owe in my part maby10,00,do i need to clear out my cking acct? i dont have anything in my home to come after just how does this work..

Wed, 06/09/2010 - 02:43 Permalink

Hi Robert:

Can I know where was this debt incurred? California or North Carolina? The garnishment laws of that state will apply, where you had incurred this debt.

John:

No, Social Security Income (SSI) and Retirement funds cannot be garnished as per the Federal Law. However, you will have to declare that your money comes from SSI and Retirement.

Guest:

Yes, the creditor's can garnish your checking account. What you can do is write a hardship letter, and attach a copy of your monthly income and expenditure. Send this letter through certified mail, requesting a return receipt. You can also try debt consolidation. In debt consolidation all your debts are consolidated into one, and you need to make a single monthly payment. As for the late fees, and over the limit fees, your creditors can charge you these fees if you make late payments, or cross the card limit.

Guest:

Can I now what is this judgment for? What kind of debt is it?

Thanks,

Aaron

Wed, 06/09/2010 - 09:57 Permalink