I just received a summon from a collection agency representing a credit card I have not paid. Can they garnish my wages?
Marietta, GA |
32,000 owed Chase Bank
Now a collection Agency has taken on debt
I make under $20,000 a year
My husband is not on the card
Our property is in a trust.
My husband says because it is an unsecured debt they can not do anything.
Your husband is wrong. They can file a complaint, obtain a judgment, then begin garnishing your wages and/or bank accounts.
I hope this information helps answer your question(s).
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
Ok, not a good situation. You need to talk to an attorney asap. Please do not do anything until you do that. I am available to speak with you if you would like. My phone # is (404) 303-8875. Thx so much.
The collection agency can come after you, and they have started by filing the complaint and serving you with a summons. You need to answer the summons within the 30 days given or things are just going to get worse. If the creditor is aggressive, they can go after you wages, they can go after joint bank accounts you have with your husband, and they might try to undo the trust on your property. Your best bet is to get with an attorney before the answer is due in the lawsuit and go over your available options. It will cost you a little for legal fees at the beginning, but it can save you from lots of grief and aggravation down the road.
This answer is for general purposes only, and it does not create an attorney-client relationship.
Being able to not pay a debt because of financial difficulties is not a legal defense. The best thing you can do at this point is either A) deal with the creditor by negotiating a payment plan and get that settlement agreement in writing; they may even stipulate to a judgment they can enter should you default on a payment, so you would have to continue to make your payments. Perhaps the creditor will accept a payment plan that is reasonable for you and them. You should at least try. Creditors like it when you don't ignore them. They would rather you set up payment plans so they don't have to spend legal fees and costs trying to collect a debt you can't afford;
Option B) Bankruptcy. As a reminder, bankruptcy is financial suicide. I would suggest just trying to pay your debts.
This is not legal advice from an attorney you retained nor am I representing you.
The short answer is that if the company that is suing you gets a judgment against you, then yes, they can garnish your wages.
They can also garnish any bank account with your name on it.
Although there are not enough details to determine if the "trust" would be effective, it probably would have only a minimal impact on the actions taken by the mainline consumer collection firms.
You should definitely consult with an experienced consumer debt defense attorney. Experienced counsel would know how to defend, especially since Chase appears to have transferred its accounts to debt-buyers.
Now is the time to defend the case. If you stop them from getting a judgment, then you never have to worry about being garnished.
Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia.
The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship. Please contact 770 427 5600 or 404 373 1970, if you wish to discuss your situation further.
Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, debt defense, credit reporting of false or obsolete (old) information, high interest lenders (title pawns, payday loans), debt management plans, and fraud or unfair practices in the sale and financing of automobiles.