I had a business card through American Express, with a personal guarantee (me). I fell behind on my payments, and they filed a lawsuit against me. We were able to settle the lawsuit, and I was told I could call and give my credit card information for automatic withdraw. I have called 30+ times, left email messages and voicemails time and time again with the law firm for American Express, and they did not return my calls or emails. Today, I received word they garnished my wages for my business account, which is 100% of the wages. Therefore, I cannot buy anything - I cannot buy a $2 sandwich from McDonalds even. I tried calling to pay this is even more unfair. Is there any limit on the amount they can garnish at once? Don't they have to leave the opportunity for me to at last eat food?
They can garnish your company's bank accounts, assuming their judgment is also against your company. Garnishing a bank account is different than garnishing wages. There are exemptions that apply to bank account garnishments. Your company would not have the same personal exemptions that you would. The exemptions should be listed on the garnishment from the sheriff. Claim as many exemptions as you believe should apply to your company. There may also be a basis for quashing the garnishment writ, if it was filled out incorrectly, violates any settlement agreement you reached with the creditor, or has some other defect. The creditor is required to strictly comply with the garnishment statutes.
This answer is for general information only and does not create an attorney client relationship between Eric Lemp and any person. You should schedule a consultation with a local attorney to discuss the specifics of your legal issues.
Call a lawyer. Perhaps a motion to quash the garnishment would be effective. Good luck. Bad situation.
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