Legal Question in Credit and Debt Law in Nevada
wage garnishment
I had a credit card account charge off in May 2006 for $28000. In Nevada will I be sued? If so, can they garnish my wages? I am a teacher and I barely make enough to live month to month here.
1 Answer from Attorneys
Re: wage garnishment
Charge off simply means that the credit card company has removed the account from their active holdings and have moved it to a 3rd party collector typically. You still owe the money and can be sued for upto 6 years in Nevada. If it was an account with a store that sold the goods, there is an argument that the statute of limitations is 4 years.
Pursuant to the Fair Debt Collection Practices Act, the debt collector may only sue a consumer debtor in the jurisdiction where they reside. Therefore, if a debt collector decides to sue, it will be in Nevada if you currently reside in Nevada. After a judgment is entered, the debt collector can garnish your wages.
You can stave this off sometimes by making a payment again to the credit card company. Sometimes they will reactivate the account. You need to keep all records concerning this account for the future litigation.
Depending on your income, you may be able to file bankruptcy, but that should be a last resort. Reducing your expenses should be your priority at the moment.