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I had a judgment to garnish my wages from a old credit card . I did not know about it . Am I able to challenge the judgment ?

Dallas, TX |

When I was 17 the bank gave me a credit card for $ 6500 . I was late onetime and the APR went up to %30 or something . I called and asked if it was gonna stay like this and they said yes . I stopped paying . Later on in life I found out with 6 months on time payment it would go back down . Its been 13 years

Attorney Answers 4

Posted

If the creditor has a judgment against you, they can garnish your wages. Before that happens I suggest you go to the courthouse and get copies of all the documents in the case file. Then take these papers to a local attorney. Good luck.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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Posted

I agree with Attorney Gruber.

You definitely need to speak with a competent, local collection defense attorney to learn your rights and responsibilities concerning this debt. There might be defenses and there might be a basis to set aside the judgment, but that is not something that can be worked out here.

Good luck.

If you need further clarity, please email me at MICHAEL@MIRELAND.US Answers to questions are for general information purposes only and do not establish an attorney-client relationship. This is not legal advice, simply information. You SHOULD NOT act on this information without consulting a competent bankruptcy attorney in your area and providing ALL relevant information.

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Posted

An unsecured creditor should not be able to garnish wages in Texas. Contact a local competent attorney asap to stop this activity.

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1 comment

Diane L Gruber

Diane L Gruber

Posted

Interesting. I was not aware that some states don't have garnishment laws. In Oregon, after subtracting about $900 per month, the creditor can get 25% of your after tax wages. If you also have a child support order on your wages and/or high medical insurance premiums, you are not left with much.

Posted

Definitely consult with a debt defense attorney. 1) You were a minor when you made the contract which will typically make the contract unenforceable. 2) If you haven't paid on the card in 13 years, it is outside the statute of limitations. 3) It would be highly irregular for a creditor to be able to garnish you for unsecured debt here in TX unless the debt came from out of state. You should be able to get rid of the garnishment. Hope this helps and best of luck!

The information provided in this post is not "legal advice." Rather it is general information on common legal issues. If you have questions concerning your specific situation, it is always best to consult an attorney in your area.

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2 comments

Diane L Gruber

Diane L Gruber

Posted

Where would the debtor stand with regard to charges he made AFTER he turned 18?

Patrick Begley

Patrick Begley

Posted

I'm by no means a contracts law expert but I would guess that the entire contract would be unenforceable except to the extent the card was used to purchase necessities. The bank would have a good equity argument, but I would think that they would probably lose because the contract defining the rights and duties of the parties was made when one of the parties was a minor.

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