Legal Question in Credit and Debt Law in New York

credit card garnished wages

A credit card collection agency called me recently. I owe them 1,300.00. I told them I would send them $150.00 a month. They said that was not good enough and they were going to garnish my wages. They want half now and half next month. Can they do this? I have not received anything in writing. They call me everyday including at work. I can't pay the whole amount in two months. What can I do?


Asked on 12/27/05, 12:50 pm

3 Answers from Attorneys

Allen Kaplun Law Office of Allen Kaplun, P.C.

Re: credit card garnished wages

If they have a valid judgment they can garnish wages

and seize your bank account. I can possibly negotiate the debt down for you but you'll need to make a sweeter offer than $150/month.

Feel free to contact me if this interests you.

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Answered on 12/27/05, 1:51 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: credit card garnished wages

Garnishment is usually only for 10% of your wages. Call them to make a deal otherwise let them garnish...which they can only do after they get a judgment against you...and that mean a lawsuit for them.

Good Luck

RRG

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Answered on 12/27/05, 1:52 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: credit card garnished wages

First, do NOT communicate with them over the phone...Get all offers in writing. You cannot trust them at their spoken word. Send them a certified letter demanding they prove you owe them any money whatsoever...they have to PROVE it...don't help them by admitting you owe them anything. You don't have to argue with them either...demand proof, nothing more. THen, don't pay anything. Wait for a law suit to be started against you...THEN go to court and DENY that you owe them anything...they have to get someone to appear to testify against you and that costs them more money than what you owe. At that point you can let them offer to take a settlement BUT NEVER NEVER NEVER put in writing that you owe them anything (they can use that in court against you). If they agree to take HALF of what you owe you should find the money (start saving those 150/month payments) and offer them a lump sum settlement of HALF ..but only when you are in court.

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Answered on 12/27/05, 5:48 pm


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