Is it legal for a cfedit card co to garnish my check for 25% of my pay every pay period?

Question

Is it legal for a cfedit card co to garnish my check for 25% of my pay every pay period?

Answer 1

you bet!

Answer 2

Apparently you are a" dead beet " that has money management problems .Otherwise they would not have gone the garnishment route to collect.

Answer 3

Yes, very legal.  

That's why it is very important for you to respond and address the deliquencies notices before it ever escalates to this level.

You want to resolve the matter before the courts decide how you will make the lender whole.

Answer 4

NO NO and NO it has to be done thru the court and then 25% is to much... if you employer  went along with it they are liable

Answer 5

Credit card companies do not garnish checks, only a court can do that.   If your check is being garnished then it was on approval by a court order,  and yes, it can be as high as 25%, some states permit even higher ratio's.

Answer 6

i am adding to her question what could be done before to prevent this ...is to appear in court and fight it? how would she fight it plz some one i am in the same situation but no court yet

Answer 7

Yes.  Happened to my co-worker.  As I recall, the company had to get our supervisor to fill out the information, but in short, yes, it happens.

Answer 8

If the credit card company received a court order is it absolutely legal. If your employer does not comply with the garnishment, they will be addressed by the court to answer to why they are not complying with the court order. Generally, your state's statutes will specify what type of creditors can garnishee wages. This is a link that lists all 50 states and the garnishment laws of each state. Maybe it will help you http://www.bcsalliance.com/y_debt_statel...

Answer 9

Usually they have to go to court to do this, but it is something the court would approve.

If this is what happened, you would have been notified of the court date and given a chance to fight it. Sadly, a lot of people ignore the summons and lose the fight by default.

Answer 10

If you are significantly behind on your payments they will harass you until you agree to garnish your wages.  I'm not sure if it is legal or not.  Amex threatened to do this to me when I was right out of college.  I came up with the money to pay it off and closed the account.  I recommend that you do everything you can not to let them garnish your wages as it will severly hurt your credit rating.

Answer 11

Yes it is, but that is the Federal Limit.  Some states vary in the amount that can be garnished while others follow federal guidelines.

First thing first is look up your states laws at this web site

http://www.bcsalliance.com/y_debt_statel...

Federal guidelines allows for 25% garnishment of disposable income (not gross or net income).  So make sure if this happens (or is going on right now) that the amount being deducted is the correct amount.

Some states even exempt wages from garnishment such as

North Carolina, Pennsylvania, South Carolina and Texas except for debts related to taxes, child support, federally guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed. Several other states observe maximum thresholds that are lower than the 25 percent maximum provided by federal law. States may also prohibit garnishment altogether in certain circumstances. For example, in Florida the wages of a person who provides more than half the support for a child or other dependent are exempt from garnishment altogether (though this exemption is subject to waiver).

Hope this answers your question

Answer 12

Yep it sure is--at least, it is in WI.  Any business, loan agency, or credit card agency can garnish your check up to 75%, as long as they had a hearing and the judge granted them to do so. My advice is to go along with it (make sure it is legit) and when it is done beging garnished, REQUEST from the business and the court that it has been SATISFIED so that it is then removed from your credit & off of your judgment record.