WHAT CAN I DO SO A CREDITOR WILL NOT GARNISH MY WAGES?

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WHAT CAN I DO SO A CREDITOR WILL NOT GARNISH MY WAGES?

I’M TRYING TO CONSOLIDATE BILLS AND THE CREDITOR WILL NOT ACCEPT MY OFFER, SO I VISITED THEIR OFFICE AND TOLD WHAT I COULD AFFORD TO PAY. UNFORTUNATELY THEY REFUSED.

Asked on June 21, 2011 under Bankruptcy Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, they can't garnish your wages without a court order; and they can't get a court order until and unless they sue you on a past due debt and win. That's the good news; this is not something they can do right away, but they have to prove their right to repayment--i.e. that their claim is valid--in court.

The bad news: a creditor does *not* need to accept a payment plan, partial payment, etc. A creditor has a legal right to insist on payment in full when due. Many creditors will choose to work with their debtors, but they don't have to. So this creditor can hold out for anything up to full payment if it wanted; if you can't pay what it wants, it can sue you; if it wins and you still don't pay, it can seek garnishment.


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