Can my wages be garnished with my current employer for a delinquent credit card debt when I owned a business?
Tinley Park, IL
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Posted 4 months ago in Debt Collection
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I owned a business and have since had to close it and could not pay off a business credit card. A judgement has been placed against me personally and my wages with my current employer are being garnished. I was told by my attorney, at the time, never sign a personal guarantee for business credit cards which I did not do with this debtor.The agency pursuing the debt says if I put my SS # on the application at the time I applied for the card that is the personal guarantee. Is this correct and is there any possibility of getting this reversed?
Answers (1)Christopher R. Minelli
This attorney is licensed in Illinois.
Posted 4 months ago.
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I'm sorry that this has happened. Generally, a bank or credit card company will almost always require a personal guarentee on the account. I would have to see your specific card agreement and how you signed it to determine whether you were a personal guarentor on the account.
In Illinois, you generally have to clearly state your business position (which has to be one in which the law permits the position to bind the business on its debts) as a prerequisite to signing in the shoes of a business. For example, signing "John Doe" on an agreement would personally bind you, even if it was a business credit card account and you were a partner / member / officer. You would have to sign "John Doe, President, X Corporation" or something similar. Note that, if the law does not provide authority for your position to bind a business, then the signature is a personal guarentee. For example, the law would likely consider "John Doe, Partner, XY&Z Limited Partnership" to be a personal guarentee where John Doe is a limited partner and not a general partner. Depending on (1) the business entity type you were operating, (2) how you signed the card agreement, and (3) what your position was in the business you may have actually personally guarenteed the card without knowing. As far as correcting the situation, you have a judgment against you. In Illinois state court, the law has very short limits to move to vacate a judgment and / or appeal. I would have to know more facts to provide information on this matter. NOTE: This answer is not intended to be legal advice and should not be construed in that way. This answer does not create an attorney-client relationship and no such relationship may be created absent a signed retainer agreement. The author is licensed in Illinois only, and his answer is for educational purposes alone. |