Legal Question in Credit and Debt Law in New York
Garnishment?
I had a capitol one visa and paid everything off as I bought it. I used it for my AOL payments automatically. I received a statement almost a year ago stating that I owed money on the card for a magazine subscription that I never ordered nor recieved, so I refused to pay it. While still trying to solve the problem, my account was sent to a collection agency. Its only about $800. The collectors keep calling saying that they will garnish my wages....can they do that? I tried to reason with them but they want a ridiculous amont of money that I honestly cannot afford all at once.Please Help!! I want to pay it off and rid my life of this mess, but they are not reasonable, they hang up on me when I tell them I cannot afford what they want.
3 Answers from Attorneys
Re: Garnishment?
Until they obtain a money judgment against you they cannot do anything.
Re: Garnishment?
They can only garnishee wages after they have a judgment against you. That mean you musthave been served with a summons and complaint and ignored it...or else it is just idle talk.
Good Luck
Re: Garnishment?
You state that you refuse to pay for an unordered magazine subscription...clearly, the amount they are asking you to pay includes other charges...if the other charges are valid you should make arrangements to pay them...and have the credit card company conduct an investigation into the unauthorzed purchsae...YOU DONT HAVE TO PAY THAT...as the other attorneys have advised, your wages cannot be garnished unless the creditor sues you and obtains a judgment...demand justification for the disputed charges in writing CERTIFIED MAIL.
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