Legal Question in Credit and Debt Law in Missouri
Credit card lawsuit
I'm being sued by capitol one for $6000. I called to see if I could work out a payment plan, but they wanted $251 a month which is more than I could afford. When they get a judgment against me can they do anything more than garnish my wages. From what I checked about Missouri law they can only get 10% of my wages and that's not near what they want.
1 Answer from Attorneys
Re: Credit card lawsuit
Yes, there are several other things that a judgment creditor can do to collect in addition to running a wage garnishment. For instance, they could run an execution upon personal property such as your vehicle. I have had the sheriff seize judgment debtor's vehicles and sell them at auction. If the debtor still owes mony on the vehicle and there is not enough to pay it off, the debtor will still owe the lender on the car loan even though the car is gone. Or, the creditor can run a bank account garnishment and seize any money you have in the bank, subject to a small exemption you have to go to the sheriff's office to claim. Once your bank account is frozen, any outstanding checks will bounce, there will be bank charges and other expenses. The creditor can also file a Motion for Examination of Judgment Debtor, and require you appearance in Court to answer questions. If you are served with one of these and do not appear, the creditor can obtain a "capias", which is like a warrant for your arrest, and once arrested you would have to post a bond to get out of custody. The bond money would then go to the creditor in most cases. There are other procedures available to judgment creditors, but I think these are enough to give you an idea. It would be a good idea to hire an attorney. An attorney should be able to save you more money that he or she costs you. Good luck.