Garnishment Help Please

[JustDo]

Hello Folks,
The way it looks right now, by December I will need to stop making my CC payments but I cannot file until mid Feb due to a large commission payment in July. AFter I stop making payments:
1. Are any CC companies going to contact my employer?
2. That doesn't seem to leave enough time for any type of garnishment action. Can garnishment take place after I file?

I reallize this will be public record but I really don't want my HR dept to find out about this until it is over. Any help here would be much appreciated.
Take care all.

[justbroke]

Credit card companies usually wait until you're 180-days late to charge-off the account and then proceed to collections via judgment. Even at worse, it's generally well accepted practice that 90-days is the trigger for "aggressive" collection. (Although American Express -- charge cards -- seems to get aggressive the day your payment is due!)

Credit Card companies can not contact your employer, unless and until they get a Wage Order from the court. If they contact them prior to that to discuss your account, then that's a violation of the FDCPA. (There's a minor exception. If the card is a "corporate" or "business" card that was issued by your Company (against your Company's relationship with the Creditor), they can notify the Company of your missed payments, etc. However, they can't talk about any other part of your financial condition!)

Depending on your State, and under certain conditions, they may not even be able to garnish your paycheck...

[epiphany]

Hello Folks,
The way it looks right now, by December I will need to stop making my CC payments but I cannot file until mid Feb due to a large commission payment in July. AFter I stop making payments:
1. Are any CC companies going to contact my employer?
2. That doesn't seem to leave enough time for any type of garnishment action. Can garnishment take place after I file?

I reallize this will be public record but I really don't want my HR dept to find out about this until it is over. Any help here would be much appreciated.
Take care all.

Hi Justdo.

Garnishment proceedings cannot take place during the automatic stay.

CC companies cannot contact your employer simply because you are late on a debt but they can call you at work.

Are you current on your debt right now? If so, and you are absolutely sure that you are filing in February, I would stop making payments now. It is doubtful that you would be sued in that timeframe, and even if you are, there are ways of dragging it out. Any money you pay them between now and December is just going to be like throwing money down the toilet.

You'll just have to get good at talking to the creditors. There are numerous threads on this subject here, as well as differing opinions. Do some searching.

You'll need nerves of steel but you'll develop those pretty quicky as the need arises....it's amazing what we can do when we have to do it.

Good luck to you.

ep

[JustDo]

Thanks !!!

Thank you for the 2 great replys. Much appreciated!!!

[debtmonster]

I reallize this will be public record but I really don't want my HR dept to find out about this until it is over. Any help here would be much appreciated.
Take care all.

Why don't you just keep it to yourself? Why does your H.R. Dept have to know that you went bankrupt? Don't volunteer this information to anyone at your company. It's none of their business what you do in your private life. You'll be opening up a can of worms if you tell them.

[Critty]

My Hubby and I stopped making payments to cc's last October. We had to wait until April to file because he had 2 good commission months in August and Sept that needed to fall off our 6 month ave. We never had any creditor begin any process to take us to court. Phone calls started after 2 months of no payment. So we just learned to live with ringing as a normal background noise in our house, lol. We also had to train the kids to read the caller id before answering the phone, lol. You shouldn't have a problem making November your last month of paying. You could probably even stop sooner, but I don't know all the details of your purchase/spending history. That would depend on if you have made any recent charges and if you would be subject to any objections.

[debtmonster]

The way it looks right now, by December I will need to stop making my CC payments but I cannot file until mid Feb due to a large commission payment in July.

How much was your commission payment in July?

[JustDo]

Commission Payment

$8,100

[debtmonster]

$8,100

Yep... that looks like a tough one, especially if other months have higher numbers. I am in the same boat. If I get a $6,000 to $7,000 commission check for December, it's going to make the clock start all over again.

[JRScott]

Hello Folks,
The way it looks right now, by December I will need to stop making my CC payments but I cannot file until mid Feb due to a large commission payment in July. AFter I stop making payments:
1. Are any CC companies going to contact my employer?
2. That doesn't seem to leave enough time for any type of garnishment action. Can garnishment take place after I file?

I reallize this will be public record but I really don't want my HR dept to find out about this until it is over. Any help here would be much appreciated.
Take care all.

1. Possibly, if they do mail a certified return receipt requested cease and desist order telling them that they cannot contact you at work because your employer does not allow it. Provide a number that you can be reached at.

At home get an answering machine that clearly identifies you. This way they have no excuse to call anyone else.

2. Not really if you stopped paying in December they wouldn't charge off until May. I've never heard of garnishment before charge off.