I live in NC and while doing research to clean up my credit I have found out that my state does not allow garnishment of wages(not sure about bank accts. but don't think so).They allow wage garnishment only for taxes,child support,ambulance fees and a few other things only.My question is "What is the chance a creditor will sue if they cannot garnish wages?".I have paid or am paying on most of my bad debt.I am trying to do the right thing.But MBNA will not budge so I have stopped trying with them.I am willing to have this on my credit for the next 7 years if i must!Is there any other way they will be able to force me to give them payment besides garnishment?If they get a judgement and cannot garnish wages what else can they do?Thanks for any help!
A judgment will destroy your credit for years. It will just lie there and accure interest and then, should you ever wish to buy a home, the lender will likely require the judgment to be satisfied prior to the loan funding. They may not get anything immediately but, you'll likely be unable to realize some of your goals with a judgment hanging around.
We already own our home and plan to retire owning this home.We are in our early 30's.We own one car that he makes payments on.He has good credit.I know I will be taking a chance that I will not need good credit in my name in a few years.But as I cannot pay this bill at this time I don't see another solution.I don't have a judgement yet.I don't work at this time but he does so i was worried they would take our sole income.We are broke!I just want to know what else can they do?And can they get an attachment to a joint checking acct. when he only puts the money in it?I don't want a judgement but I can't possibly pay them at this time.And I know its hard to live with bad credit but what choice do I have?
they didnt sue me (YET), they sold my account. Christal ================= They can't sue you because u don't owe them anything.
And cannot garnish wages what else can they do? sr567 | ========= they may try to Go after your home car and what ever else you have.
THis is risky business. I'm in NC and have had a very good friend who had his wages garnished from a joint account with his son. But this was a tax problem. Still, be careful of garnishments... they will come out of the blue with no prior warning -- at least they did in his case. They'll clean out 90% of your account and you can be sure you ain't getting it back. My guess is that you don't want to mess with it. Call them and negotiate with them a re-payment rate. Make it very clear to them that you're willing to stand pat and that they don't have anything to take from you right now. The key is to make them believe that the only way they'll ever see any money is to do what you want them to do. One possibility is to send them a payment for a portion of the debt and write on the back of the check that by cashing this check they are agreeing to forgive the rest of your debt. Search the board, someone had details posted on this.
You need to find out if you are past SOL on the debt to MBNA. If you are they can still sue you, but you will have an affimative defense, and the lawsuit will get thrown out because its time-barred.