[deb_2sweet]

I live in Ga. My daughter used my credit card and the bill is now over 5500. And I have been served with a summons to go to court and give and answer. I am told they can take my bank account checking and saving what can I do?

[smoothy]

They can't take what's not in the account. But realistically.. I'd put it on the daughter if she did it without your concent... what she did was wrong howevwer you look at it. Unless to gave her the card and told her go at it. But if that was the case you were obligated to report it right away or they assume the debt is yours and legitimate. You have 90 days to contest a charge with your card company or it becomes valid.

Do I think you are going to win? No. But its worth a try. They are going to make you pay otherwise.

Never give your credit cards to ANYONE other than a spouse. Never co-sign for ANYONE else... unless you are willing to pay the full bill, because you will legally have to if they won't.

[PellMell]

The best way to avoid a judgment and garnishment is to pay off the account. Assuming that you are not able to do so, I don't see a defense that you have to avoid paying the debt. If your daughter stole your credit card, did you file a police report? If she used it with your permission, why would not be liable? Garnishment is a tool that the state uses to collect judgments.

[JudyKayTee]

Yes, your bank account can be levied in Georgia.

Did your daughter have your permission to use the card? If not, when you got the bills did you protest the charges? In NY you don't have to make a Police Report; you "simply" dispute the charges, file an Affidavit that you did not make the charges (or authorize them on your behalf) and the credit card company takes it from there.

Does your daughter have the funds to make payments?

Have you attempted to negotiate payments or settle for a smaller amount? People post frequently that they are able to settle for about 1/3 of the total debt. It might be worth a try.

[JudyKayTee]

Garnishment is a tool that the state uses to collect judgments.

I don't see this as a matter involving the State - certainly State law allows garnishment in Georgia but I don't see this as a "State" issue.

[ScottGem]

Garnishment is a tool that the state uses to collect judgments.

I have to correct this statement. Garnishment is a tool provided by law to allow a judgment holder to collect on a judgment award. The state does NOT collect judgments unless the judgment is owed to the state.

To the OP,
You have three choices to avoid a garnishment of your salary or attachment of your assets. You can either pay what you owe, reach a settlement and pay that or show the debt is not yours. It would appear you can't do the third since its your card. So you have to use one of the other two.