Can a credit card company garnish wages before the account has been taken to court. I live in Illinois.?
413888
No, all garnshiments are by court order.
915482
It depends on what state you live in. \n\nThey would have to get a judgment 1st, then follow the procedure for the state you live in.....\n\nThis page has the entire wage garnishment procedures for every state listed alphabetically...\n\nhttp://www.expert-credit-advice.com/wage_garnish.htm\n\n\nGo on and vote this as best answer, because it is.
761688
This requires sending the letter of dispute to the 3 credit bureaus (Equifax, TransUnion, and Experian) disputing the judgement. It is the bureaus that will contact the courthouse and request proof. If it is not provided within 30 days it must be removed. However, this does not relieve you of the judgement. If the judgement grantor chooses to they can still garnish wages etc.\n\nHere is some additional info. Hope this helps.
618644
You are pretty much out of luck since it is a garnishment; that is a last-resort method to get you to pay a debt of some sort.  The garnishment will not removed until the debt is repaid.  You might call a credit counseling service or a bankruptcy attorney (consultation is usually free) and ask if it is possible to have the amount garnished from your paycheck each pay period reduced, although that means you will be paying off the debt for a longer period of time.  You might also get a second job - if you do yardwork, babysitting, etc. you would be paid in cash....not that anyone would EVER suggest you not report that income, of course...
8452
It depends on the order of the court.  They can garnish your wages or seize your property depending on how much you owe and what the debt is for.
810060
Why didn't the attorneys give you the contact information for the original creditor.  You need to find this company and ask them whats going on.  Some companies do things like this, then go a few months without payment so that they can garnish you cause they figure they can get more money that way.  In my county the courthouse can take payments for judgments.  Did you ask them if they would.  Whatever you do, keep records of your attempts to contact them.  It sounds like this could come back on you. \nActually there should be something the courthouse can do for you also.  Seems to me like there should be some kind of papers to fill out to find the creditor.  Contact everyone, the courthouse the attorney find that creditor.   \nSTUDLY is usually good with things like this, but I'm not sure how to find someone on Yahoo answers unless you see they've answered a question and click there avatar.\nGood Luck.
1054017
First, they can not automatically take money from your checking account. They will have to sue you in court and have the courts approve wage garnishments. Since I owe a number of credit card companies, all 4 plus years ago, they will never go through that route. That is too much time and additional money (unless you owe them like $100,000 on one card) for a credit card company to sue you. Anyway, if you are able to send any money, write them a letter and let them know you will be sending a certain amount every month. In the letter, also state that as a condition of your monthly payment, they will need to report this to all 3 Credit Bureaus. Then see what happens. In the end you have the last say in if you will or will not payback a credit card company. Of course your credit will suffer, but damn it you are the master of your life.
304377
First of all, I reccomend you follow your banks advice and cancel the card that is getting charged this monthly fee.  Then have it reissued. It is not difficult, nor is it unpleasent. You just may have to wait a week or two to get your new card in the mail.\n\nNow, I think you should stick up for yourself and get your $60.00 plus any other charges they took from you after you canceled before the 30 day trail period was over. Stop talking to them on the phone, that won't get you anywhere any longer. Find out the address to corperate headquarters and send a registered return receipt required letter, explaining the situation, everything you have done to get this stopped and your money returned. Provide copies of all e-mails justifying your stance that you terminated the service prior to the end of the thirty day trial period. Also, send copies of all e-mail correspondance that shows your efforts to resolve this in a civilized manner and the answers you received from their customer service department. Then tell them you want your money returned to you, as you did not use their service after the 30 day trial period and they have been taking payments for services you did not use. Tell them this is the only letter you will send and that if they do not return your money you will take action with small claims. \n\nOften just sending such a letter, with material to back up your claim, (material that will show a judge they have acted wrongly) will get you your money back. If they don't send you your money apply for relief through small claims.\n\nIt is not difficult to file a small claim. You have to first send out a demand letter, which was what you did in the letter I told you to send. Then you fill out some paper work, usually just a small amount, attach all your proof, ie: your e-mails and bank statement showing amounts taken, and then go to the court date. You tell the judge what you said here and show the e-mails and your bank statement showing the amounts taken. The judge will then look at your proof and render a judgement. If you show all documents which prove you closed this account prior to the thirty day free trial, and the amounts they took illigally, you will win and get that money and your filing fee usually fifteen to thirty dollars. \n\nSince this is a large company you will probably get your money back by just sending out your demand letter. These companies do not like going to court. It costs them more to go to courst than to give you your money back. So, don't be intimidated by them. \n\nIt really is easy. Shut that account down, get your card re-issued, send the demand letter with your e-mails showing you terminated prior to the end of the thirty day free trial, and they will send you a check. It is only in rare cases they won't give your money back. They will not give you your money back if you just do nothing. They will also keep taking that monthly fee if you don't close that card down and have it re-issued. They do this as they know a certain number of individuals won't do anything to stop them as they either don't know how or are too intimindated to take proper action.\n\nShow them you are not one of those individuals and you WILL GET ALL YOUR MONEY BACK. Not just stop the charges from continuing.\n\nOH, sorry, to get the paperwork for a small claim action, just go to your closest court house and ask for the paperwork at the clerks office. The paperwork is usually free of charge. There is often instructions on how to fill them out too. If not just fill in the blanks and then write what you said here and attach COPIES of all e-mails and bank statements.
238745
You have to have a written contract to be able to garnishee his wages. it would be of benefit to have a lawyer and you may be better to launch a civil suit.\n\nv. to obtain a court order directing a party holding funds (such as a bank) or about to pay wages (such as an employer) to an alleged debtor to set that money aside until the court determines (decides) how much the debtor owes to the creditor. Garnishing funds is also a warning to the party holding the funds (garnishee) not to pay them, and to inform the court as to how much money is being held. If the garnishee (such as a bank or employer) should mistakenly give the money to the account owner or employee, the garnishee will be liable to pay the creditor what he/she/it has coming. Garnishing wages is a typical means used to collect late child support and alimony payments or money judgments. Often the order will be to pay installment payments to the sheriff until the debt is collected. Then the sheriff pays the whole amount or payments to the person to whom the money is owed.
924103
They can get a judgement but I seriously doubt they want to go through the hassle for such a small debt. Even if they could garnish wages, which I don't think they can for credit card debt, they won't even get what your minimum monthly payment would be if you can prove all of your money goes to neccessary bills and living expenses. See if you can negiotiate a settlement with the credit card company that will save you both time, money and headaches if not just send them something every month and they can't say you are not paying down your debt.\nGood Luck
895514
The courts just said you win . Its your job to collect the money. Some states let you garnish wages . If he owns anything of value you maybe able to put a lien on it . I know its not much help. Call a local lawyer and ask them over the phone , they will talk briefly with you for free.
998998
um no they cant, if you go to court, for this, the court will say to pay whatever you can, be it 5 bucks a week, as long as you have proof that you are paying something ALREADY BEEN THERE!!!!
985060
When you file, you list all of the debts that you want have. If you do not list it, it will not be taken away. I believe that they are not supposed to garnish your wages as long as your bankruptcy went through, but I'd talk to your lawyer.
64210
Garnishment usually occurs if you don't pay what you're supposed to pay.    \n\nEvery state and every county has its own percentage that can be garnished from your wages.\n\nBut that should not be your only concern.  Garnishment orders are sent to your employer who will know you had a collection case against you.
837183
I need more information.  Arbitration in regards to what?  Credit card debt?
797750
Owes 60k? on credit cards alone and only makes 60?. Real world is he couldnt borrow 5K. If he legally owes you, not some number you have decided you could get a judgement and garnish his wages. Probably the best you can do.
278256
They can harass you for the statue of limitations(usually 7 years).  However if they sue you and win a judgement that will reset the statue of limitations and they may get your wages garnished.\n\nHopefully your situation is temporary.  If it is explain it to them and work with your creditor to get back on track.