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schauerb
Nov 23, 2009, 11:15 AM
I recently received a summons to pay a chase bank credit card off within a short timeframe. I received my summons on 11/20 stating I needed to provide a written response within 30 days of the date stamped on the summons. The problem is the summons was dated 11/2 which does not give me much time to gather information.

Is it legal for a credit card company to garnish your wages? Put a lien on my house?

I am considering bankruptcy for first time in my life so I am really nervous about the unknown.

Thanks for your help.
Rober

stevetcg
Nov 23, 2009, 11:39 AM
If the credit card company obtains a judgment in court against you, yes, it is legal for them to lien your house, raid your accounts and if allowed in your state garnish your wages.

What they are allowed to go after and in what amount depends on the state where you live.

XTC832
Nov 23, 2009, 06:11 PM
If creditors obtain a judgment from the court, then yes, they can freeze your bank accounts, and/or garnish your wages, if you live in a state that allows garnishment. Yes, they can also petition the court to get a lien placed against your property. But the key word here is "can." It's possible but few creditors will ever try it unless the property is about to be sold either on the market, or at auction via a sheriff's sale. Liens give the lienholder a secured ownership interest in the property. But they are positional, that is, they have to get in line to be paid, if in fact there is equity leftover from the sale or the auction. Senior liens and taxes always get their money first. If your property is free of any liens right now, then they could attach a lien for the amount that is owed. This would prevent you from selling the house until the lien got paid. The lien gives them an ownership interest. It doesn't give them the right to take your house and sell all your possessions. (What will these creditors think of next?? ) Keep in mind, there is no "free money." A lien is possible but it can only be the amount owed. They can't take a $200000 house away from someone when the lien amount is $5000.

As a bankuptcy consultant, I can tell you that you're not alone with the way you feel about bankruptcy. In the past 2 years, bankruptcies have been flying off the charts. More people than ever are filing, for various reasons, (job losses, medical problems, etc.) You shouldn't feel nervous or worried about it. Although it involves a lot of paperwork and financial proof, the bankruptcy process is quite simple, and over 90% of those who file Chapter 7 get their discharge. The discharge relieves you of any liability of any debt (except IRS, child support, student loans) included in the bankruptcy. It also stops all collection efforts, lawsuits, garnishments, judgments. There's a few exceptions in there, but for the most part, you won't be getting harassed anymore.

Years ago, bankruptcy was so dreaded, but in today's economy, people want their lives back. It does stays on your credit report for 10 years, but just ask yourself this, "Do I want to keep paying credit card debt for the next 15-20 years or can I live with the fact I filed bankruptcy and had them all removed?" For some people, the answer is obvious. If you're interested in bankruptcy, leave another post or consult with a good bankruptcy attorney in your area. Good luck!

ScottGem
Nov 23, 2009, 06:23 PM
First are you sure this was a "summons"? A summons will state the amount being sued over, but it generally doesn't say anything about paying, that's just implied.
But I suggest you browse through similar threads here for how to answer the summons and what your next steps should be.
You've gotten good advice so far,