Legal Question in Criminal Law in California

I owe 4,000 credit card debt and there threatning to garnish wages

Hello I owe a credit card debt of 2,700 dollars I started to pay the debt back and even allowed them to automatically deduct my checking account. Thats when things got funny It was a verbal agreement over the phone with a collection agency and they said they would stop all late charges and interest I would only be paying the actual amount of debt I owed. Well they reneged on there part and said I didnt have anything in writing so I owe the full amount with interest. I contacted the bank and stopped all future transactions. They sold the account to another collection agency who is saying I owe now with late charges 4,800 They said now they are suing me and are going to garnish wages. I dont have any money to pay back right now. I'm barely making ends meet. Will a court just garnish my wages without me being there. or will I have an actual day in court. And how much is a garnishment on this type of debt anyone know. If I cant pay them back I cant afford an attorney so please help. Any info appreciated on what to expect. Hopefully these are Idle Threats and not a lawsuit. Sincerely Mike


Asked on 6/29/04, 7:59 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: I owe 4,000 credit card debt and there threatning to garnish wages

I am curious as to why you feel you cannot afford an attorney. What fees have attorneys quoted you? How many attorneys did you consult before you arrived at the conclusion you can't afford one? How many attorneys have you actually called and made appointments with? It's hard for me to believe an attorney fee for your case could possibly be more costly than doing nothing.

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Answered on 6/30/04, 8:20 pm
Terry A. Nelson Nelson & Lawless

Re: I owe 4,000 credit card debt and there threatning to garnish wages

If they sue, you have to be served and get your day in court. However, the court has limited power to grant payments, so you could end up with a judgment that they could use to garnish wages or seize bank accounts. You should try to negotiate with the original card company if possible. Barring that, try for a new deal at an agreed balance, and fixed monthly payments. Get it in writing. Consider using an attorney to get a better deal than they would give to you. Locate someone local to help you.

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Answered on 6/29/04, 8:21 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: I owe 4,000 credit card debt and there threatning to garnish wages

Thank you for your posting.

A creditor can only garnish wages where there's a judgment, and you have to be served with a summons and complaint first, and then either not answer, or have the case proven at trial. You do have a right to your day in court here.

You've asked how much a garnishment is on this type of debt. The garnishment would be until the full amount is paid, but can be up to 20% of your wages, unless you file a claim of exemption, or have more than one garnishment.

You do have other options here, including negotiating (and confirming in writing this time), defending this lawsuit before it gets to judgment, and filing a Chapter 7 bankruptcy, which could dismiss this claim against you forever.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

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Answered on 6/29/04, 8:58 pm


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