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Please Help! Just found out about a garnishment.


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I have a default judgement from Cap 1. They garnished my bank acct back in Dec 2008 and I went to the courthouse today reveiwing another lawsuit and saw that Cap 1 was issued another garnishment on the same acct from Dec 2008. It was just issued yesturday. The bank does not have it yet. In February 2009 I sent the lawyers for Cap 1 an agreement to make payment arrangements and they never responded. I have the green card as proof they did receive it. Is their anything I can file with the court to stop this garnishment because I did try and make arrangements to pay it in FULL?

Please Help!

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Thanks for the info. By the way, this was for a creditcard soley in my husbands name and they are garnishing our bank account not wages. So if my husband is the only wage earner and I am unemployed what is the percent that they are able to garnish per his weekly income? 25% or 50%?

So confusing.

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Thanks for the info. By the way, this was for a creditcard soley in my husbands name and they are garnishing our bank account not wages. So if my husband is the only wage earner and I am unemployed what is the percent that they are able to garnish per his weekly income? 25% or 50%?

So confusing.

I am sorry but in PA wages cannot be garnished so it is not a subject area I am very well acquainted with at all.

Hopefully someone else will able to give you more guidance as to interpretation of and application of wage garnishments. If you dont get an answer in a day or so bump the thread. Good luck.

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In NC you can't garnish here either, However Newryman this does not include bank accountsi in NC, SC, Texas and PA. They can not touch wages but bank accounts are fair game.

however in your case they can take whatever is legally allowed in MOST states that is 25%.. of wages..

bank accounts could be the entire thing.. does not matter who is working or not..some states have head of household but even that is tough to get around I don't think yours is on of them... short answer.. close the accounts and get your name off of them.. if he is on them alone and was not named they can't touch them.. if your name is on it , it is fair game.

They can NOT Garnish his wages if he is not named in the case.

Also the court does not care if you are trying to make payment arrangements. They are not required by law to make them (cap one). My advice.. again, get off the accounts, used prepaid visa or whatever to pay your bills for a while and make sure your husband has the accounts in his name alone but if you do go back to work , you could revisit this again

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In NC you can't garnish here either, However Newryman this does not include bank accountsi in NC, SC, Texas and PA. They can not touch wages but bank accounts are fair game.

................

Indeed. I misread :(

If the garnishment is on your bank account they can take the lot.

But they have to find the bank account first.

Edit to add: I came across this link eslewhere and it seems to be a very good resource for CO legal matters - lots of good stuff and links all in one place. You may find it useful - good luck

http://www.gustafsonlaw.com/Resources-Research.htm#Links-Research-Overview

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Dont kid yourself

it is NOT hard to find the bank account and it does NOT take long.. and you will NOT be warned.. you wake up one day and you can't use your debit card and your account is frozen.. in NY they can freeze up to TWICE the amount that is due and getting in unfrozen is a process.. add direct deposit to that and its a whole other nightmare.

Cap one already has the SS number.. days at most to find the bank account if they are looking.

However I misread the original post..it seems her husband is on the card.. I hate to tell you but I wouldnt do any direct deposit and I would keep little or nothing in your accounts.. they will get hit again you can bet on it. switching banks only buys you some time and not much in most cases.

As I said the court does not care you want to make payments.. YOU can get a lawyer to see if they can help negotiate but if they have access to a bank account my guess is they are not going to listen. I am sorry you are dealing with this.

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Thank you for all the replies. I am constantly checking my bank account and am grateful that I found out about this BEFORE my account got hit.

As always, I GREATLY appreciate every comment and all the advice everyone has given!

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