Legal Question in Credit and Debt Law in New York

Threats from Creditors

I have 3 or 4 accounts with credit cards, all are behind on payment. MOst are for only a couple hundred dollars and one for Capital One is over $1000. They are calling threating to take legal action and possibly garnish my wages. THe reason i haven't been able to pay is b/c i barely get by with the money i make now but they do not care. Is it legal for them to garnish my wages? Ther was no collateral, these are just your typical department and visa credit cards.


Asked on 10/20/03, 3:19 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Threats from Creditors

This is a difficult situation. There are rules for creditors and garnishment. One of the rules relates to the amount of money you make. Your income must be 30 times the minimum wage before a creditor can garnish your paycheck.

I have dealt with my share of creditors as a lawyer, and they are a foolish group. Sometimes their idea of reality is so far off that I can only laugh. The problem is, these are the people you must deal with. And that is not funny. Don't expect them to care at all about you. They exist to collect money.

If the dollar amounts are as small as you say, it may all be just a bluff, just a 'poker game' trick.

I see your zip code is '114423'. This is near Rochester, I believe. You can get free legal assistence from a group called "legal Services Corp." and "legal Aid'. There are others who can help you, but those are 2 in your area.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 10/20/03, 3:55 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Threats from Creditors

Garnishment is one of the post judgment remedies available to your judgment creditors. Garnishments cannot be taken unless your creditors first sue you and obtain a money judgment against you. Whether the credit card companies go all the way to judgment (they have to sue you first and if you don't work something out or respond to their action they will get a judgment) is something else.

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Answered on 10/20/03, 5:03 pm


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