How Did a Credit Card Company Start Garnishing my Wages?

Finding your wages garnished by a credit card company means that you weren't paying attention. As harsh as that may sound, it's an unfortunate truth. The only way your wages can be touched is by court order. By law, the defendant has to be notified via mail or by service. Missing the notifications means the creditor can press suit without your presence.

The Process That Leads Towards a Judgment

Credit card issuers use two types of of methods to collect on delinquent funds. They'll either go through a collector or they'll take the debtor to court. Sometimes both methods are used, with legal action being taken after other attempts to collect have failed. A debtor has no affirmative defense as it's clear that the contract you signed has now been violated.

Some type of notice has to be given to the defending party in the case. It's either by registered mail if the court allows or having someone physically serve papers. There's no excuse if someone received your papers from the process server and didn't tell you about it. You have been considered served and your presence is required at court. The same goes for mailings or delivery service.

How a Judgment is Obtained

The lawyer representing the credit card company will stand before the judge and wait for you or your attorney to appear. If there is no appearance, the judge may set another court date to give you a second chance to come and defend yourself. When the second date comes around and you are not in court, the judge will move to close the case and give a judgment in favor of the credit card company. The lawyer has asked for a judgment to be for a particular amount with the judge having discretion in how much of that amount they will award. Chances are good that the entire amount will be awarded if no defendant shows up.

Wage Garnishment After Judgment

Each state will have a different procedure for the amount of garnishment. What will happen is that your employer will have to turn over records pertaining to your pay. You will see a set amount of money taken out of your paycheck, depending on how you're paid. This will continue until the entire debt has been paid off.

Consult With an Attorney For Relief

The only way to completely stop wage garnishment is bankruptcy. This is why it's in your best interests to talk with a lawyer. They can help you decide which is the best solution for your situation. Sometimes it's possible to go back to court and plead to the judge that the amount being taken out is punitive and crippling your situation. Having a lawyer do this gives you a better chance of lowering the amount than by trying to do it pro se. Unfortunately, once you have reached this point, there is no turning back. Talk to a lawyer to understand your rights and options.

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