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?

Hi Lee Marie,

Creditor cannot seize your car or home as such. They can put a lien on your assets. That is, you won't be able to sell your home or car without paying off the judgment amount. Can I know how did this get to be a default judgment?

Thanks,

Aaron

Sat, 07/31/2010 - 11:42 Permalink
rudy (not verified)

I filed bankrucy ten years ago, and all my debts were excused. I check my credit report and pubic records and 2 credit card companies have liens against me one was filed before the bankrupty and the other lien after. Is this legal how can i dispute this or get this removed.

Sun, 08/15/2010 - 18:02 Permalink

Hi rudy,

Please let me know the status of these accounts. The lien that was put before the bankruptcy is legal, and must show debt discharged. The other one put after the bankruptcy is not a legal one, and should be removed.

Thanks,

Aaron

Mon, 08/16/2010 - 10:42 Permalink
phil (not verified)

I live in SC can the credit card company garnish my checking account I know they can't my wages but not sure about the checking account and what about my car are home can they put liens on them if they not pay for either Help anyone

Mon, 09/13/2010 - 03:54 Permalink

Hi phil,

Yes, if the credit card company wins a lawsuit against you they can garnish your checking account for non payment of dues. They cam also put lien on your car and home.

Thanks,

Aaron

Mon, 09/13/2010 - 11:35 Permalink
Rick Ellis (not verified)

What if you are medically retired, Can they garnish your retirement?

Thu, 09/16/2010 - 15:46 Permalink

Hi Rick,

Medically retired or just generally retired, as per Federal Law, retirement benefits are non-garnishable. Credit card companies and collection agencies cannot garnish your retirement money.

Thanks,

Aaron

Fri, 09/17/2010 - 09:39 Permalink
Flor (not verified)

A judgment in California just got filed against me and I'm currently out of the country. This was one of my old credit card before i got married and only have my name on it. Can they touch my husband's personal bank account? His bank account is in California and he have a direct deposit. Can they Garnish his paycheck?by the way, he currently works in Alaska.

Tue, 10/19/2010 - 02:06 Permalink
Jaime (not verified)

My wife has been sued for a debt on a credit card issued to her in California, can my pay check be garnished in the state of California?
We are happily married, but currently in an economic hardship, and can't pay the debt.

Mon, 11/08/2010 - 04:49 Permalink
Ty (not verified)

If I'm medically retired can they garnish my tax refunds, I live in Michigan.

Fri, 11/26/2010 - 18:07 Permalink
linda4054 (not verified)

Can you go back after a jdugement and apply interest to that same judgement? Ex; Judgement was $3,000.00 issued 2008 and now they went back and got another judgement for an interest amount of $1,200.00 They now want a lump sum of $4,200.0 Is this legal?

Fri, 01/28/2011 - 22:35 Permalink
linda4054 (not verified)

Can you go back after a jdugement and apply interest to that same judgement? Ex; Judgement was $3,000.00 issued 2008 and now they went back and got another judgement for an interest amount of $1,200.00 They now want a lump sum of $4,200.0 Is this legal?

Fri, 01/28/2011 - 22:37 Permalink
River Grande (not verified)

I am in CA and have been past due on my credit since I lost my job in May 2010. They are telling me they are going to lein my house. Can they do that? If they place a garnishment on my bank account, is it one time for the balance in the account or do they need another judgement to regarnish? I have offerd to pay $25 month but it is not good enough.

Fri, 02/18/2011 - 00:01 Permalink
AnthonyD (not verified)

Hello, I live in Illinois. I have been sued and lost in court. Judgement entered. I do have a home paid off 100%. Could never get a home equity cause of my bad credit. Anyway, Can they put a lien on the home, even if I have a lien on it already for back taxes? Also, How common are sherriff sales, as in comming in your home and empty out everything you own? If we own the home jointly, and Illinois has a 4,000 exemption allowance, BUT the judgement is only in my name... can I double the 4 thousand allowance for my spouse also and make it eight?

Sat, 05/07/2011 - 22:17 Permalink
mo (not verified)

I got a bank of american judgement for $30,000.
I was just wondering whether anyone can tell me the steps I would need to do.
I am broke no money at all...money that I receive from my job is bare minimum...my credit is already shot...could anyone advise as too the steps I can take

Fri, 08/05/2011 - 15:17 Permalink
Anonymous (not verified)

Full disclosure: I'm not an attorney and if you need legal advise you should contact an attorney.

I do believe that it matters what state you're in but if you are in a community property state, you husbands debts are your debts and visa versa!

Wed, 08/10/2011 - 20:37 Permalink
KAREN LOPEZ (not verified)

My parents received two papers on the front door and when they gave it to me. I read that it was a judgment from two months ago, however I was never served for these documents. Also I live 100 miles away from my parents why would they leave those paper for anybody to pick them up without an envelope. Is this judgment legal? This is in California for a credit card!

Sun, 08/14/2011 - 12:19 Permalink
DawnB (not verified)

My husband just recieved papers a work to start garnishing his wages for bad credit card debt in which the company said they would get in touch with him to settle. What are the percentages that the state of Virginia can garnish? I'm really worried

Thu, 01/05/2012 - 05:55 Permalink

I'm not sure about the garnishment laws in Virginia. Was the credit card issued to you in the same state? You may want to call the credit card company, themselves, and ask if the paperwork was sent by them. ..or was sent by a CA's office? Do you remember if you signed any documents stating the credit card can be garnished from wages if it goes into 'default'? i would call the company and see what you can do about making payment arrangments. You can also do research on the web, about the state of Virginia, and see if wage attachment is legal in that state.

Tue, 01/10/2012 - 18:33 Permalink
amelia (not verified)

i have a credit card judgement and lein against property i was wondering if they can keep any tax refund or take money out of my checking account without my knowledge. i am in california. thanks for any info

Sat, 01/28/2012 - 02:06 Permalink
SHEILA (not verified)

I SUPPOSEDLY HAVE A JUDGEMENT FROM 2004 AND A COMPANY CALLED AND SAYS I MUST MAKE PAYMENTS NOW OR GO TO COURT FOR DISCLOSURE AND IF I DO NOT SHOW UP A BENCH WARRANT WILL BE ISSUED. I AM 69 DISABLED AND LIVE ON MOSTLY SS AND FAMILY HELP. I DO HAVE A CHECKING ACCT. I HAVE NO IDEA WHAT THIS IS ABOUT. WHAT CAN I DO.

Fri, 10/12/2012 - 17:45 Permalink
Naresh Sehgal (not verified)

I was a regular payment maker to my credit card - even Rs.58,000 at one time. But realising about so called financial charged, late payment charges and illegal interest, I stopped making payment - last payment being made in 2007 after which dated the said card is inoperative. The withdrew an amount of Rs.46,000 from my saving bank account with them. Now daily I am getting threatening calls, I have asked them to send me a tatement, about the amount which according to them has now become to Rs.5.00 lacs from mere Rs.80,000 in 2007. Can they file a criminal case about me, although they have done fraud by withdrawig an amount of Rs.46,000 without my knowledge/consent.
What should I do?

Fri, 11/30/2012 - 07:02 Permalink
tsmith7235 (not verified)

So is SOL where your debt occurred or where you live. And do the credit bureaus have to remove the debt from your file after seven years. And why does the date on the credit report for the debt to fall off continue to change at later dates

Mon, 12/31/2012 - 17:25 Permalink
Christina (not verified)

I am completing the first year of a cheatpr 13 bankruptcy through your firm. I know the overall data shows only a 33% of completing a plan. Does that percentage go up or down if a person has completed one year? two years? etcThanks

Sat, 08/31/2013 - 13:09 Permalink
Sreejesh (not verified)

If there are judgements agnaist you and there are 2 seperate accounts (one solely in my name and another as joint), can both accounts be put on hold? What happens if the garnishing of wages goes into effect BEFORE the filing of Chapter 7 bankruptcy?

Mon, 09/02/2013 - 08:55 Permalink
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