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How long before CC try to garnish pay checks?

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    How long before CC try to garnish pay checks?

    I just stopped paying our CCs Oct 25th.
    Just starting to receive calls saying I didn't pay last month. My husband and I have a huge tax return coming back to us in Feb 2010. I would like to get that tax return before we file Chapter 13. But if CC try to garnish my husbands checks then we will be really screwed! Im no longer working (still looking) and with his check after 1st mortgage and necessities it leaves us with a whole 140. a week to live off of for a family of 4! So I can do you think I can go 4-5 months without paying CC before they try to garnish my husbands checks?
    estimated return is 8,000.
    Would like to fix my car with that.

    #2
    You will probably go more than four or five months.

    Before any creditor, other than the IRS, can garnish any paycheck, they have to have a court order to do so. There are many steps that have to be followed before that can happen. First there has to be a lawsuit filed against you. You will receive a summons to court if that happens. Then there are many other steps involved......

    Do a search and see if you can find anything regarding judgments. Also check the 'stickys' that are posted at the beginning of each board. They contain helpful information.

    Good luck to you!
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

    Comment


      #3
      If it is any comfort, another new member is struggling with a similar situation. Here is that thread, which I answered:

      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

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        #4
        Haven't paid cc bills since. Nov. 2008 and haven't rec'd any court related summons, garnishments etc.

        Comment


          #5
          Originally posted by 2muchinDebt View Post
          Haven't paid cc bills since. Nov. 2008 and haven't rec'd any court related summons, garnishments etc.
          Good info for this Op. She needs to read more posts here to see she is not alone. Read all "stickies" on the forum of interest. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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            #6
            We have stopped paying all our bills as well, last payments on some where June and others July of this year, so far no legal action, hundreds and I mean hundreds of phone calls and threatening letters but not legal action yet. We are planning to possibly do a chapter 13 but right now we are doing nothing but paying the mortgage, car and putting food on the table.

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              #7
              Thanks everyone. I am so glad to hear that, now I can get our car fixed before we file a 13. Its just the first time missing payments, there will be many others... I must say it feels wonderful not paying them! I answered my 3rd cc phone call today about no payment. I dont mind telling them "sorry, lost job, and no money for you"! lol

              Thank you.

              Comment


                #8
                Same here

                Me too. Just stop paying CCs last month. Starting to get lots of calls and a couple letter. My credit score is still good maybe for a couple more weeks trying to refinance. If that does not work will be late for house payment a couple of months then ready to file in jAN 2010. Hopefuly, no law suit before then.

                Good luck to all of us.

                Comment

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