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stones123 · Feb 8, 2006, 07:49 AM

Need some advice or legal help. Tried to put a post up earlier something happen to my computer.
Anyway I have been reading post about credit card company's garninshing your wages and taking money out of your bank acct without your permission. Can they really do this. Is this actually legal. My name is on my daughters bank acct due to her age and her savings acct. Yes I have a bank acct under my name. My daughter works and this is her money not much but it is still hers.
My question is? I have had to enrolled into a debt settlement program due to health problems and lack of work. Can they still garnish my wages and take my money out of my acct. Yes I am back to work.

Any help or words of wisdom would be appreciated.

Fr_Chuck · Feb 8, 2006, 08:10 AM

As long as the credit card company is working with you or with the debt settlement then they are not going to do further legal action.

If you don't keep the payments up they will sue you in court and get a judgement against you ( have they already did that? )

If they have a judgement then they can go to court and get a garnishment of your wages and an attachment order of any bank account.
This would include the accounts with your daughter.

So as long as they are OK with the repayment plan you will be OK,

stones123 · Feb 8, 2006, 09:11 AM

To answer your question are they working with the debt settlement company. The answer is NO. They say they don't settle or work with debt settlement company's. Plus I was told by the debt settlement conpany to stop all payments to creditors. So to answer your other question NO I'm not paying them.

Can they still sue me? Even though I'm with a debt settlement program.

CaptainForest · Feb 8, 2006, 09:51 AM

Originally Posted by stones123

Plus I was told by the debt settlement company to stop all payments to creditors

LISTEN TO ME CAREFULLY. DO NOT LISTEN TO YOUR DEBT SETTLEMENT COMPANY.

PAY, PAY, PAY.

This debt settlement company will destroy what little credit you have left. Walk away from them. Pay your creditors. If you don't pay, they CAN and WILL sue you. The fact that you have signed up with a Debt Settlement Company is irrelevant. Because, as you stated, you are NOT paying them anything. As long as you pay the minimum balance on the credit card (like what 10 bucks) they will be happy and leave you alone.

CaptainForest · Feb 8, 2006, 09:54 AM

As for your question about garnishing.

If they have a judgment against you, then can get the judge to order the money to be taken out of your account, without your permission. But a judge has to approve this.

As for them going after your daughter's bank account because your name is on it. That is a good question and I don't know. If I was in your situation, I might look into putting some other adult's name on the account that I trusted. Or, keep very little money in the account and put most of it in Government Bonds in your daughter's name only.

Fr_Chuck · Feb 8, 2006, 02:05 PM

If this credit card company will not work with the debt company, you either need a new debt company or just drop them altoether, they are giving you bad advice, not to pay a lender that they can't work with.

Next yes, if they are not getting paid, the debt reduction company does not give you any protection, none at all. They are only working out payment plans at lower interest and the such.

Next yes they will soon come after your bank accounts if you don't start paying.

And yes, any account that you are either primiary or secondary can be attached once they get a order from the court. We had someone on here just last week saying that "their' money was taken because the secondary on their account had a judgememnt and they attached this money.
They did not understand that when a persons name is on the account it is considered theirs also.

stones123 · Feb 8, 2006, 03:11 PM

Thanks to all for your reply's. The info is very helpful and at this point I have a lot to think and consider.
If anyone wants to continue to answer my question please do. I really need all the info I can get.
I just know one thing when I finally get out of debt there will be know more credit cards and everything will be paid in cash.

Fr_Chuck · Feb 8, 2006, 03:27 PM

It is always best to pay for things as you can afford them. At times if you rent a car ( for one thing) you almost have to have a credit card, so having one for an emergancy is not bad, using it and not paying off its balance at the end of the month is a bad thing

CaptainForest · Feb 8, 2006, 10:06 PM

You should still keep a credit card for hotel reservations, car rentals. But keep the credit limit on it very very low.

Also a credit card, is a good thing, if you make all payments, because it helps to build your credit rating.

I myself am not a fan of credit cards, but I do have one for that reason.

okletsgo · Jan 4, 2008, 11:08 AM

It looks like FR_CHUCK knows what he's saying I totally agree in n.y.

glc2008 · Apr 28, 2008, 05:15 PM

IRS and unemployment checks in your bank account as an only income

baymare · May 12, 2008, 05:02 PM

Originally Posted by CaptainForest

[B]LISTEN TO ME CAREFULLY. DO NOT LISTEN TO YOUR DEBT As long as you pay the minimum balance on the credit card (like what 10 bucks) they will be happy and leave you alone.

But what if you can't afford to pay even the minimum on the credit card bills? I'm on SSI, food stamps just decreased as they do every May, water/sewer bill just doubled in April, garbage added a "gasoline surcharge" that's upped it $10 a month, and I've given up my cable TV ($10.36 a month savings) and my telephone ($10.48 a month savings).

I get a total of $637 a month, pay $250 mortgage, $62 heat, $55 w/s average, $20 garbage average, electric will be going up because I have congestive heart failure and must have AC in summer. I'm not able to use handicapped transportation, so I have to pay $50 a month for car insurance. I try to keep the gasoline down to $40 a month, but my state doesn't cover transportation costs for medical appointments. If I don't walk twice a week - 3 hours total - my health worsesn, not to mention that I can't walk across the street to my mail box, so I have to drive to it twice a week, too.

I was paying $190 a month for the minimum on the credit cards, but with food stamps decreasing, and everything else increasing, I don't see how I can make even those minimum payments come June.

So, what now?