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Can my wages be garnished?
Chicago, IL
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Posted 4 months ago in Debt Collection
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Capital One Credit Services used a law firm, who placed a judgment on me in 2008. I went to court and agreed to pay $50 a month for charges that occurred in 1994. I paid $1500 before I missed 3 consecutive payments. I sent a check for the 3 months, $150, within that third month. Capital One didn't cash that check, instead they placed a freeze on my bank account in which they took $400 from my account. The law office is now trying to contact me, why?
Answers (2)
Laura Mcfarland-Taylor
This attorney is licensed in Illinois.
Posted 4 months ago.
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With a court order, yes, they can garnish your wages. They might also be able to garnish without a court order if you agreed to that in your agreement to pay back the debt.
Andrew Joseph Miofsky
This attorney is licensed in Illinois and 1 other state.
Posted 4 months ago.
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Your payment agreement with Capital One Credit Services was legally enforceable and permitted you to make time payments on the judgment. After you missed a payment, the agreement was violated and Capital One was free to pursue other methods to collect the unpaid balance of the judgment. Once a creditor has a judgment, the creditor can levy against your property located within the state of Illinois. This is called post-judgment collection. The creditor does not need your permission.
A non-wage garnishment can be filed against your bank account to seize any money that is not protected by various exemptions. If you receive social security in that account you should contact a local attorney to determine if the money in the account is exempt. If the $400 was not enough to satisfy the judgment, you should expect additional collection activity. |
