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I have a partner in our LLC. We have no money to continue our business. We have 2 credit cards that we owe money on totaling $15,000, but cannot pay for it any longer. I am just surviving personally and so is my partner.We called the 2 credit cards and asked if they could lower the interest rate and monthly payments. One bank refused and asked for our personal financials. I am concerned that if we stop paying, the bank can come after me by garnishing my paycheck.What can I do? Am I liable for garnishment if I stop all payment? My LLC account has no money in it and there LLC has no collateral at all.Annie
Optional Information: Country relating to Question: United States Already Tried: We discussed with the credit card companies and one was willing to lower the monthly payments. The other credit card company was not interested in lowering anything and wanted our personal financials.
Good afternoon. Were these credit cards taken out in the name of the LLC without any personal guarantees from the members?
I am afraid we did give our personal guarantees.
Thanks. In that case, the companies would have the right to pursue you individually and would have the right to request your personal information. They cannot take any action against your assets or wages however until they first obtain a judgment against you. You don't mention in what state you are located, but there are four states that prohibit garnishment of wages by credit card creditors...Texas, SC, NC, and PA.
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How long does it take for them to get a judgement on me and what is the garnishment percentage on my salary?
The time period depends upon the diligence of the creditor, but generally they don't file the suit until about 6 months. With regard to garnishment limits......
Title III of the Consumer Credit Protection Act protects employees by limiting the amount of earnings that may be garnished in any workweek or pay period to the lesser of 25 percent of disposable earnings or the amount by which disposable earnings are greater than 30 times the federal minimum hourly wage prescribed by Section 6(a) (1) of the Fair Labor Standards Act of 1938. This limit applies regardless of how many garnishment orders an employer receives. The federal minimum wage is currently $7.25 per hour.
Title III permits a greater amount of an employee's wages to be garnished for child support, bankruptcy, or federal or state tax payments. Title III allows up to 50 percent of an employee's disposable earnings to be garnished for child support if the employee is supporting a current spouse or child, who is not the subject of the support order, and up to 60 percent if the employee is not doing so. An additional five percent may be garnished for support payments over 12 weeks in arrears.
An employee's "disposable earnings" is the amount of earnings left after legally required deductions (e.g., federal, state and local taxes; Social Security; unemployment insurance; and state employee retirement systems) have been made. Deductions not required by law (e.g., union dues, health and life insurance, and charitable contributions) are not subtracted from gross earnings when the amount of disposable earnings for garnishment purposes is calculated.
Experience: Attorney/Developer
Okay. I live in NJ but wok in NY. I am taxed through NY, not NJ. I read that NY will garnish, at most, 10% of my disposable salary for credit cards. Is this current information?
I will opt out so that a NY lawyer can answer this specifically with regard to your state's laws.