Legal Question in Credit and Debt Law in Florida
Wage Garnishment
I have a legal judgement against me personally that was awarded based on a breach of contract with a credit card company. The judgement was awarded even though the credit card was in a business name and the credit company could not provide a copy of the actual contract to prove that I was a guarantor. They provided a copy of a general contract that was not even for the specific time period. The credit card company is now trying to garnish my wages even though I am claiming head of household status. There is a hearing next week and I am assuming that they will try to allege that their contract has a provision for allowing them to garnish wages regardless of head of household status. Since the original judgement is based on a phantom contract, can the judge use the same phantom contract to allow a garnishment?
2 Answers from Attorneys
Re: Wage Garnishment
Sounds to me like this credit card company is having there way with you. You really need to get professional legal assistance.
Scott Behren
Re: Wage Garnishment
I haven't seen credit card terms and conditions that waives garnishmnet defenses. I think you are getting a little head of yourself by assuming what he company will allege. More likely, they will allege you are not head of household. You will need to show the Court you are. Have they taken your deposition or have you responded to discovery or completed a Fact INformation Sheet? (The attorneys for the credit card co may not have gone that far).
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