Can a creditor change the terms of repayment on a defaulted credit card?

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Can a creditor change the terms of repayment on a defaulted credit card?

I have a judgment against me for a credit card and have been paying an agreed upon amount without fail for 21 months. Just this week I learned they have a lien against my mortgage if I ever sell. I didn’t know that. I came home today to a letter stating that credit card issuer wants my file reviewed for garnishment of my wages. I understand they are entitled to their money but do I have any legal base to fight a garnishment if I have proof of 21 payments without fail? I will continue to pay as agreed. If they garnish the amount I owe will increase and they will garnish more than our agreed upon amount; I will not be able to pay my other bills. Can I do anything?

Asked on October 5, 2012 under Bankruptcy Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you have a written agreement with your judgment creditor stating that it would accept a certain amount per month from you to pay off the debt you owe, the judgment creditor is entitled under the laws of all states in this country to seek other avenues including wage garnishment and bank levies to get the judgment you owe paid off sooner rather than later.

I suggest that you try and negotiate a written agreement with the judgment creditor for a set monthly amount to be paid by you by a certain date if one is not in effect.


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