garnish wages

[fncbj]

i have 22,000 iin credit card debt from 2 cards. could they garnish my wages if i dont make the monthly payments? i live in n.y state.

[FilingOnMyOwn]

Yes, eventually. But it usually takes awhile, a year or more.

[JOSEPHLB]

First they would have to file a complaint with the district court in your state and most likely would file it in your county..
then they would have to win
then they could proceed to file a writ of garnishment..
it doesn't happen overnight..
be beware.. with such a high dollar amount that you owe, its not a matter of if it will happen.. its only a matter of when

[FilingOnMyOwn]

First they would have to file a complaint with the district court in your state and most likely would file it in your county..
then they would have to win
then they could proceed to file a writ of garnishment..
it doesn't happen overnight..
be beware.. with such a high dollar amount that you owe, its not a matter of if it will happen.. its only a matter of when

I owed Citi 15k for years after 9-11 when I couldn't find a job and they never even bothered to find me.

[so-beyond-broke]

FOMO;

It also depends on the bank. My SO owed $722 to Premier Bank who turned the acct over to a law firm who served my SO recently to appear in court. I am surprised that Citibank was not interested especially on a large debt.

sbb

I owed Citi 15k for years after 9-11 when I couldn't find a job and they never even bothered to find me.

[no_it_all]

FOMO;

It also depends on the bank. My SO owed $722 to Premier Bank who turned the acct over to a law firm who served my SO recently to appear in court.
sbb

Please tell more: How was she served? Was it a sheriff or a private process server?? Or did she just get a letter in the mail demanding payment with a law firm's name in the header??? Seven-hundred bucks sounds like it wouldn't be worth it....maybe a newly minted lawyer looking for work??

[fncbj]

i am also receiving public assistance food stamps,medicaid.i dont have anything. would they really do that? i hardly make a living now. what could they take?

[lostsoul23]

i am also receiving public assistance food stamps,medicaid.i dont have anything. would they really do that? i hardly make a living now. what could they take?

Your income has to be based on your state's guidelines. Each state has a income guideline, based on family size, that must be met before a creditor can even attempt to do any kind of garnishment proceedings. A creditor that is doing what it is supposed to will make sure that you meet that before they even bother to sue you to get the judgement. Some states allow you to be garnished only a small percentage, others will let a creditor take up to 50% of your take home in a garnishment. (There are typical garnishments which go through the court and then there are administrative wage garnishments.)

It's hard to say since you are getting gov't aid, although, recently I read where a older man in Florida, I believe, is getting his social security garnished for a 30 year old student loan. Then again, owing the gov't money is vastly different than owing a credit card company.

The only reason I know any of this is because a) I have been in your shoes and b) I do debt collections.

Good luck.

[no_it_all]

Read all about wage garnishments here:

http://www.dol.gov/compliance/guide/garnish.htm

Note that Federal Law caps garnishments at twenty-five percent (maximum) of net pay except in cases of court ordered child support (which can be up to fifty percent of pay). Also, there are Federal guidelines that must be followed when the debtor is making minimum amount of money...If State law and Federal law differ in the amount of wage garnishment allowed, then the LESSER of the two laws applies...Some states don't allow consumer debt wage garnishments.....