credit card was charge off /written off 2006 bal of $850 sold. QAR is harrasing me to set up pmt arrngments with 2days or i will be garnished 25% pa

Question Details: i am being sued by credit card that was charged off written off sold back in 2006. company sent me letter in somebody else name,creditor, and balance. pressuring me to set up payment arrangements. I have 2 days to give my checking account informaton then have 2 weeks to pay off the correct creditor and balance. I am unable to make their arrangements. I requested a copy of signed agreement and they have not supplied that. can they garnish my paycheck 25%

Asked 11/12/2009 under Business | 146 View(s) | More Legal Topics

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Business Law Answers

First things first:  until you are sued, and the company suing you wins the court case and gets a judgment, your wages can't be garnished at all.  After that, in your state, there's a 21-day waiting period before the judgment creditor can apply for the garnishment.

Until they have the judgment, you have no legal obligation to supply them with your banking information.

They can garnish up to 25% of your disposable (after mandatory taxes, etc.) income, or the amount of disposable income you received minus 218.50 per week (30 hours' pay at minimum wage), whichever of the two is less.  So, for example, if your disposable income is less than about $300 weekly, the garnishment would be less than 25% of that.

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