[amkhan2]

Can credit card companies garnish wages?

[posheak]

I know a couple of states do not allow unsecured debts to be garnished, but (of course) these people never offer a source for their information. I have yet to see any proof of this.

I can certainly guarantee that most of the country allow credit card debts to be garnished. Once the creditor secures a court judgment they can garnish your wages, attach to your bank accounts, or whatever the law allows. Credit card companies CAN and usually WILL garnish you if a judgment is awarded. The laws vary from state to state on how and how much.
Also if you have a bank account at the same bank you have a credit card they often don't even need a judgement to take money from your account to satisfy a deliquency.
Hope this helps. Have a super day!

[ScottGem]

While state laws do differ, generally an unsecured creditor can garnish any cash assets. This included salary. The creditor has to get a judgement in court, but once they do they can server it on your employer.

[dbek]

Can credit card companies garnish wages?

They sure can. We are going threw a settlement company now, to try to settle with them before they garnish our wages.

[corey1]

I have been served court documents for garnishment due to an outstanding credit card debt. The total at the 1st of this year was $11,000.00 in April I worked out a deal with the collector to pay $2000.00 in may / $2000.00 in June and $3600.00 in July .
I kept my agreement for may and June , but I didn't for July.
I also ignored all the phone calls because I knew the collector wanted money , which I didn't have.
So now the collector has started garnishment procedures on me .
In the garnishment letter it states that they are also suing me for the full balance now which is $7000.00 plus court fee's.
( a real mess haa ) . I called the collectors (attorney's ) office and spoke with the manager in the garnishment dept. She stated out of her hands now , no deal to be made.
I then proceeded to call the credit card company directly and spoke to someone in an upper dept. I told them that I was about to go chapter 7 and that I was wondering if they would take a one time cash settlement half of the $7000.00 b-4 I filed .
I am not filing chapter 7 I just was saying that to try to get some positive response. But unfortunately I got the same from them as well.
So my question to any one out there that knows any thing about Ga. Law, is there any other resource at the collector's office or credit card comp. ( discovery ) that I may be able to do b-4
I have to pull $7000.00 out of my annuity to get this behind me ?
$3600.00 sure would be a lot less painful than $7000.00 or anything less for that matter .
Thank you.

[mr.yet]

Georgia Procedural Requirements
In all cases where a money judgment shall have been obtained, the plaintiff shall be entitled to the process of garnishment. Georgia. Code Ann. _ 18460. The plaintiff, the plaintiff's attorney at law, or the plaintiff's agent shall make, on personal knowledge, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount claimed to be due on the judgment, the name of the court which rendered the judgment, and the case number thereof. Upon the filing of the affidavit with the clerk of any court having jurisdiction over the garnishee, the clerk shall cause a summons of garnishment to issue forthwith; provided, however, that the affidavit shall first be made and approved in one of the following ways: The affidavit may be made before and approved by a judge of the court in which the garnishment proceeding is filed. The affidavit may be made before and approved by a judge of the court that rendered the judgment upon which the garnishment is based. The affidavit may made before and approved by a judge of any court of record. The affidavit may be made before any officer authorized to administer oaths, including a notary public, provided the affidavit is then submitted by mail or in person to any judge of a court of record and is approved by him. The affidavit may be made before the clerk of the court in which the garnishment is filed or before any officer authorized to administer oaths, including a notary public, and may be approved by the clerk if the judge or judges of the court promulgate rules supervising the initiation of the garnishment proceedings and the affidavit is made and approved pursuant to such rules. Georgia. Code Ann. _ 18461.

The summons of garnishment shall be directed to the garnishee, commanding him to file an answer Statuting what money or other property is subject to garnishment. Upon the affidavit and summons being delivered to the sheriff, marshal, constable, or like officer of the court issuing the summons, it shall be his duty to serve the summons of garnishment upon the person to whom it is directed and to make his entry of service upon the affidavit and return the affidavit to the court. If the garnishee is a bank or other financial institution and if the defendant does not have an active account with, and is not the owner of any money or property in the possession of, the bank or financial institution then the garnishee may immediately file an answer; however, such answer shall be filed not later than 45 days after the service of the summons. If the defendant does have an active account with, or is the owner of any money or property in the possession of, the bank or financial institution then the garnishee must file an answer no sooner than 30 days and no later than 45 days after the service of the summons and must be accompanied by the money or other property subject to garnishment. Georgia. Code Ann. _ 18462.

In a garnishment based on a judgment, the defendant shall be given notice of the filing of the first summons of garnishment on an affidavit for garnishment and of the issuance of an additional summons of garnishment on such affidavit when no notice has been given to the defendant within 90 days immediately preceding the issuance of such additional summons, using any one of the methods contained in __ 18464 or 9114. No money or other property delivered to the court by the garnishee shall be distributed; nor shall any judgment be rendered against the garnishee until after the expiration of ten days from the date of compliance with at least one method of notification. Georgia. Code Ann. 18464. The garnishee shall be entitled to his actual reasonable expenses, including attorney's fees, in making a true answer of garnishment. The amount so incurred shall be taxed in the bill of costs and shall be paid by the party upon whom the cost is cast, as costs are cast in other cases.

The garnishee may deduct $25 or 10 percent of the amount paid into court, whichever is greater, not to exceed $50, as reasonable attorney's fees or expenses. If the garnishee can show that his actual attorney's fees or expenses exceed the above amount, he must petition the court for a hearing at the time of making his answer without deducting from the amount paid into court. Upon hearing from the parties, the court may enter an order for the payment of actual attorney's fees or expenses proven by the garnishee to have been incurred reasonably in making his answer. Georgia. Code Ann. _ 18497.

Interest Rate at which Judgments Accrue All judgments shall bear interest upon the principal amount recovered at the rate of 12 percent per year unless the judgment is rendered on a written contract or obligation providing for interest at a specified rate, in which case the judgment shall bear interest at the rate specified in such contract or obligation. Georgia. Code Ann. _ 7412. Applicable Forms Georgia. Code Ann. _ 18466.

You can file Motion to quash the garnishment. Lack of proper service, lack subject matter jurisdiction, lack personal jurisdiction over the defendant