Legal Question in Credit and Debt Law in Virginia

Collection/Garnishment

I had a Capital One credit card that I stopped using and when the account closed, it had a balance. I inadvertantly got behind due to not getting my support after my divorce. Anyway, long sotry short is that I made an agreement to begin making payments to Capital One of at least $50 per month but $70 if I could. They wanted the $70. Payments started in September 2007 ($70 in Sept & $50 each month after) and have continued monthly since. However, Cap One just issued a garnishment to my wages for the amout due plus fees and interest up through April 2008. Can they do this since I was making good faith payments on the balance I owe? I also understand that they are in a class action lawsuit for unfair business practices. What can I do to address this garnishment. I thought legally that they couldn't atach my wages if I was making monthly payments. Please advise. Thank you!


Asked on 1/02/08, 3:23 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Collection/Garnishment

Assuming that your creditor first obtained a judgment against you for the past due amounts (or in the agreement you consented to such judgment if you became delinquent in your payments), then, yes, they can implement a garnishment against your wages in the event that you were not making the full amount of the monthly payments to which you had apparently agreed).

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Answered on 1/02/08, 10:58 pm


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