Credit card company and wage garnishment

[liberalitch]

Okay so I fucked up!
I owe a credit card company.... I can't afford to pay them any more than $25 a month until September whenI can do better. They have threatened to garnish, I can't pay the $300 chunks they want.
What legal options do I have I don't want to declare bankruptcy but I may have to.

[Occulus]

1. Find out if they have a hardship program.

Also, ask them if you can make multiple payments per month on the full montly total. That way, you could send portions as you can.

Wage garnishment is meant for people who won't pay, not fo those who demonstrably cannot.

[fertilizeonarbusto]

2. depends on what state you are

here in Pa., if you pay them any amount, on time, every month, it's their tough shit; they can do nothing. I'm sure there's consumer advocate websites with info about your rights. Have you Googled?

[liberalitch]

3. I'm just really upset right now.....

no I haven't googled
But i will

[fertilizeonarbusto]

Do so!

I'm praying for you; I've been there. I paid them off and now I will not get a c.c. ever again, regardless of how many "fabulous" offers they send me. There's nothing I need that much.
Hang in there! You'll be rid of the fuckers yet!
:hug:

[liberalitch]

9. Tell me about it....

It seems like a good idea when you're in need of a MAJOR car repair or one of the cats is REALLY sick but.... now my vets work with me (accept post dated checks) and the car well..... I'm thinking of getting a new one becuase this one is just costing too much to fix lately..... My mom is the imelga marcos of cars (and shoes) so she'll just sign one over and I'll start making the payments

[fertilizeonarbusto]

12. wow, you have cool vets

n/t

[liberalitch]

14. carpenter and pope....

norfolk, va.
Dr. Mary Walker (hippievetchick) and Dr. Cheng Koga rock!
Montana and Spooky dig 'em too.
There's puuurrrrrs and treats all around.

[Bunny]

4. PA and TX are the only two states that do not permit wage attachment

at all for unpaid consumer debt, such as credit cards. Your wages can be attached for child support, student loans, back taxes, etc. But Mastercard? That's their tough noogies!

[JCMach1]

10. Wages cannot be attached for student loans... Federal law

only allows garnishment of tax refunds.

[Bunny]

13. Well, I could be wrong.

But I seem to remember that we had an employee who had her paycheck attached for non-payment of her student loans. Maybe I misunderstood what was happening, but I'm almost certain that's what happened.

Can anybody else shed light on this?

[JCMach1]

15. It could be one of the PLUS loans... those are not protected

by Federal law...

[Commie Pinko Dirtbag]

21. TX? Wow, * must feel SO frustrated. (nt)

[bearfan454]

25. Darn right.

I know a lot of people here in tx that have run up big credit card debts and then told the credit card companies to f#ck off.

[elfwitch]

5. I can tell you how it has worked for me...

I have a credit card I haven't made a payment on in 3 years. They can't do anything unless they take me to court. At which point I would just file bankruptcy. My credit rating is screwed, but they can't take money from my paycheck.

[liberalitch]

6. It's been about that long....

I tried telling them that I have suspended habeus Corpus on my past financial dealings "cuawse Ima war president"

[beyurslf]

7. Send them the payment and make copies of the checks.

Send them certified mail with reciept request. Send them a letter that tells them what you can pay and when. When they take you to court, which they have to do to garnish, bring in the documentation that you made the payments that you said you could. And bring in the letter that shows what you stated you could agree to pay and when.

More than likely, they are bluffing anyway. They dont want the court costs if you are paying them.

[Feanorcurufinwe]

8. It is an empty threat unless they take you to court.

They can't just garnish your wages by decree, they would have to have a court order it.

[JCMach1]

11. If you are in serious trouble, go ahead and apply for bankruptcy.

It can save you in the longterm.

[notadmblnd]

16. If Enron, MCI, Harken etc

can do it, you can too. Filing bankruptcy is not as painful as you think. It will be good to be able to sleep again at night.

[prolesunited]

17. Really depends on how much the debt is

If it's not that much, it would be better to work it out. If it's just one credit card, it hardly seems worth it. Also, aren't you limited to the number of times you can file bankruptcy within a certain time period?

Try this link for the nonprofit Consumer Credit Counseling Services:
http://www.debtadvice.org/

You have to be careful because there are A LOT of scams. These people are reputable.

[JCMach1]

18. Yes, you are limited

[notadmblnd]

20. Once every seven years

but I'll never take another credit card again. I filed in 2002 when my husband got sick and could not work anymore. We lived pretty high off the hog in the 90's both of us working. Before I filed, we went through our savings, exercised stock options and cashed in our bonds. There came a point where I was getting nowhere with the bills and the stress from the collectors calls and no one willing to work with me other than to tell me to turn my paychecks over to their credit counseling service, (later to find out through news reports it was another ripoff) the stress of my husband illness and the constant pressure from the calls along with working fulltime and running a home I contacted a attorney. I filed in December 2002. I cried when I went before the court in Janurary 2003. I felt I had failed and was humiliated as I had to air my financial laundry in. There were at least 100 other people in the room that day.

I remember one woman who had filed bankruptcy before. I got the impression it was her sop. Thats when I stopped feeling bad. My case was discharged in March of 2003 and was truly a blessing. It releived the stress and allowed me to spent the last 6 months of my husbands life peacefully (it's horrendous the amount of damage a financial problem can cause in a relationship).

It's been a year now and financially I have no regrets. I do wish I had acted sooner. I could sit here and shoulda woulda coulda all day but I would just drive myaself nuts.

[davsand]

19. Screw them.

Make your payments, keep the canceled checks as proof, and tell them "see ya in court--ya can't get what I haven't got..."

I couldn't tell from your original post, is this a credit card company or a collection agency that you are getting calls from? Many credit card companies don't even deal with the litigation aspects of collections work. They farm that out to collection agencies and give up a percentage of the balance or of the fees. The credit card companies will do anything to keep it from going to collections--so they will threaten you with just about everything under the sun before they turn it over.

I have no idea what it is like any place except Illinois, but here, they have to follow a specific set of procedures before they ever get anywhere near garnishment. It takes more than just one hearing in front of a judge. Granted, it adds legal fees to your total bill, but if you have a time when you anticipate that you can begin to pay it off, I'd bet that you will not be facing garnishment...

I'm not a big advocate of the whole consumer credit counseling thing, but, I can't imagine that those guys could ever stay in business if credit card companies could garnish wages too easily.

I temped for a collection agency for a few months, and I learned a lot a bit about the process and how the collections process works...

Laura

[dryan]

22. You owe the money

I know that you are upset right now, but you have to face facts. You owe this money. But you can get help. I don't know where you live, but right now, pick up the phonebook and call the local office of the United Way. The United Way sponsors Credit Counseling Services (they might call it something else). They will help you with your creditors. No, I have never had the pleasure but I know someone who is on the Board of United Way and she has helped many people with this problem. They have helped people that are being evicted to people that have incomes of over $100,000 and are just way in over their heads in personal debt so don't be ashamed. It does not cost anything either. Also, Catholic Charities or Social Services might have a program that is similar--no you do not need to be a Catholic. I'll pray for you. My husband was out of work for two years and I don't know how we made it.

[dryan]

23. This is another idea

Write the company a letter. Include a copy of your latest pay stub. Say I cannot pay but $25.00 a month until September because *****. By polite, make sure the letter is typed, check grammar. End on a nice note such as, "I appreciate your patience as I work thorugh this current financial crisis."

Bankruptcy is not an option. It will follow you forever.

[GOPisEvil]

24. Your last sentence is not altogether accurate.

I delcared bankruptcy in 1998. The bankruptcy will be off my record in 2008. Gone. Like it never happened.

I was just approved for a mortgage at market interest rate. No penalties or anything like that. My credit scores are in the high 600s.

Bankruptcy is not a panacea, especialy if you aren't good at learning life's lessons, but it need not be a death sentence either.