Expert Advice When You Need It Most

Can my wages be garnished?

Asked over 2 years ago - Chicago, IL

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?

Flag

Save

Share with:

Attorney answers (2)

Laura Mcfarland-Taylor

Reputation Level 18

Answered over 2 years ago. Trademark Application Attorney in Bolingbrook, IL.

Flag

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.

Mark as good answer

Add comment

Andrew Joseph Miofsky

Reputation Level 9

Answered over 2 years ago. Bankruptcy Attorney in Granite City, IL.

Flag

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.

Mark as good answer

Add comment