Ok I have a unsecured credit acct. for about $2600.It is my name only.I have not been able to pay on this for about 4 months.I am worried about them getting a judgement.If I could pay this I would!I have a joint checking acct. with my husband .But I have no job and he is the only one that makes any money.I have no auto or home in my name.I want to know if they get a judgement can they garnish his payroll check or our bank acct.?I live in NC and the GENERAL GARNISHMENT EXEMPTIONS says 100% OF LAST 60 DAYS' EARNINGS FOR FAMILY SUPPORT.GARNISHMENT ONLY BY POLITICAL SUBDIVISIONS FOR TAXES,AMBULANCE FEES,ETC... What does this mean?Does it mean they can garnish 100% of the last 60 days or that they cannot garnish at all?I am really worried about this we are barely making it!Any garnishment would destroy us!BK is out of the question because one we can't afford it and two it will not look good for my husband when he applies for an upcoming higher position at his job.Please help me with some good advice that is helpful in my situation.THANK YOU!
You[re not likely to get sued over such a small amount. Most CC lenders won't bother unless it's much larger than that. Of course, there's always exceptions. Who is the card issued by?
I just got sued last week for just under 2 grand. Don't be on anything. The legal fees are actually more than what I owe!!!
I just got sued last week for just under 2 grand. Don't bet on anything. The legal fees are actually more than what I owe!!!
This is a line of credit with MBNA.Can they get my husbands income or garnish our bank acct.?Should I take my name off of our checking acct.?And can anyone understand the garnishment exemption for NC that I listed in my original post?
I'm not an attorney, but I would interpret that to mean they can not take money that is recieved for family support, meaning child support or alimony. It looks pretty confusing to me too, so someone else may have a better answer. I know when the IRS goes after you, joint assets can be protected by filing an injured spouse form. I don't know if there is a similar process for your situation. A good course of action may depend on your long-term plans for this debt. Do you plan to file bankruptcy when you can afford it? Do you think you can pay the debt when you get back on your feet? Do you have another plan?
I will never understand how the government can allow garnishments. If you can't afford to pay it before the garnishment, obviously you can't afford to pay after. So they take all your money and leave you with enough to move into the poor house. It's ridiculous! Years ago I told the IRS I would quit my job before I allowed them to take my checks. I'm not working for them!
I would say that yes, you should get your name off of the bank account. My wife got into an auto accident many years ago and that is what we did back then. If I had known what I know now I would not have bothered but our situation is entirely different from yours so yes, I think you should get your name off the account. I won't comment on the rest of it because I don't know Georgia law and I'm not an attorney either so all I have to say that garnishment does not always automatically follow judgment. They are two entirely different and distinct actions and only about 20% of all judgments are ever collected on nationwide. Don't let that fact cause you to be complacent about it however because you just very well could end up in that 20% category.
