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    mmart1959's Avatar
    mmart1959 Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 29, 2007, 06:28 PM
    Credit card
    I owe on my credit card I fell behind and I was not working at the time but I did get
    A job but my bills got way out of hand and did not make payments
    They turnrd it over to a agency
    I told them I could give them 50 a month but they would not accepted it
    Then some one else called and they would not take 100 a month so now they are sueing me
    They said they can garnish my pay up to 25%

    Can they do that?
    And what else can I expect

    Thank you
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
    Uber Member
     
    #2

    Apr 29, 2007, 07:27 PM
    I know exactly what you mean by getting behind on credit cards due to a loss in income. I have recently had to work with two different credit card companies for the same problem.

    In answer to your question, yes they can take you to court. Yes, they can garnish your wages. But, it does sound like they are willing to accept something in order for you to be current with payments.

    I negotiated with a credit card company with whom I had two credit cards. That was Bank of America. They were more than willing to negotiate with me. We worked out a payment plan per month that I can afford. The interest rate on each card went from 4% something and 5% something. Previously, the interest rate on each card had been about 30%

    I tried to do the same thing with a Chase credit card. I was in their litigation process to be sued for the money. They would not negotiate. They are known for not being willing to negotiate.

    I avoided going to court and resuming my normal payment schedule with them by transferring the payments that I owed them to another credit card that I have being a Visa. Got me caught up. And, the transfer did count as the payments that I was behind.

    My point is, that if you can come up with what you are behind in payments, you may be able to avoid the whole court and garnishment issue.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Apr 29, 2007, 07:50 PM
    I will address what can happen if they do get a garnishment, first of course it will differ as to what state you live in, some states it is harder to get a garnishment, some are very easy a couple you can't garnish for this.

    But if they can, and get a judgement, they can attach or freeze any and all of your checking and savings accounts, Then if allowed they can garnish your wages. The amount they can garnish will vary by state, a common amount is 25 percent, but I have seen them allowed to take more, esp if you do not support a family, but in the majority of the states that allow 25 percent will be the max.

    So they know they can do this, and that is why they normally refuse offers that are too small, plus many of the collection people don't make any commmission if they don't collect over a certain amount, ( how they get paid) So the collection person just does not care fi they can't make their commission off you.
    John Darnell's Avatar
    John Darnell Posts: 1, Reputation: 1
    New Member
     
    #4

    May 1, 2007, 08:34 AM
    Can a credit card company collect on a judgement in Texas as I know in Texas they cannot garnish wages.

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