Newburgh, IN asked in Bankruptcy for Missouri

Q: I got a garnishment because of credit card debt from a card that defaulted 7 years.

I wasn't notified of judgement or a court date. Is there anything that can be done?

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1 Lawyer Answer
James L. Arrasmith
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  • Bankruptcy Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your situation. When facing a wage garnishment due to a defaulted credit card debt, you have a few potential options:

1. Verify the garnishment's validity: Ensure that the creditor followed proper legal procedures and that the statute of limitations on the debt hasn't expired. If not, you may be able to challenge the garnishment.

2. File a claim of exemption: Depending on your state, certain types of income may be exempt from garnishment. If your income falls under these exemptions, you can file a claim to protect it.

3. Attempt to settle the debt: Contact the creditor or their attorney to discuss a settlement agreement. They may be willing to accept a lump sum payment for less than the total debt in exchange for releasing the garnishment.

4. Consider bankruptcy: If your debt is substantial and you're unable to settle or make payments, bankruptcy might provide relief. However, this should be a last resort after exploring other options.

5. Seek legal assistance: Consult with a consumer rights attorney or a debt relief specialist. They can review your case, advise you on the best course of action, and potentially help you navigate the legal process.

Regarding not being notified of the judgment or court date, check your state's laws on proper service of legal documents. If the creditor failed to properly serve you, you might have grounds to challenge the judgment.

It's crucial to act quickly and gather all relevant documentation to support your case. Seeking professional legal advice can help you understand your rights and make informed decisions.

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