How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37077
Experience:  30 years in civil, probate, real estate, elder law
8534270
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

Quick Question I just got summoned for a credit card that I

Customer Question

Quick Question I just got summoned for a credit card that I dont even recall was mine apparently they put on a Judgement againt me on 10/1/2007 and now i just recieved a letter from the sheriffs office that they will start a garnishment
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: NY and it was Providian bank that is now closed
JA: Has anything been filed or reported?
Customer: Just supposedly the Judgment from 2007
JA: Anything else you want the lawyer to know before I connect you?
Customer: I dont even recall owning this card
Submitted: 1 month ago.
Category: Legal
Expert:  Ray replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 1 month ago.

Please clarify are they trying to garnish wages here or bank account or what??Thanks.

Customer: replied 1 month ago.
garnish my wages
Customer: replied 1 month ago.
My wages
Expert:  Ray replied 1 month ago.

Here are the rules:

In New York State, a creditor can garnish the lesser of 10% of your gross wages or 25% of your disposable income to the extent that this amount exceeds 30% of minimum wage. If your disposable income is less than 30 times minimum wage, it cannot be garnished at all.

"Disposable earnings" are those wages left after your employer has made deductions required by law. Examples of legally required deductions are federal, state and local taxes, social security and the employee portion of state unemployment compensation insurance. Deductions that are not required by law do not count to reduce your disposable income.

You can file Chapter 7 here to discharge the debt/judgment.This might be a good idea if you have other credit cards or debts you need to wipe off and start over here.

I appreciate the chance to help, let me know if you have more.

Expert:  Ray replied 1 month ago.

Reference

http://www.nolo.com/legal-encyclopedia/new-york-income-execution-wage-garnishment-law.html

Some states do not allow garnishment, not sure if you are able to relocate, Texas is one.

Customer: replied 1 month ago.
No actually I didn't even know this existed plus It was providian bank and they do not exist plus my credit was preety good as I was planning to get a house by next year and now this
Expert:  Ray replied 1 month ago.

You can Chapter 7 file yourself pro se, here are the forms.

It would stop this, takes about a year to be discharged.

http://www.nyeb.uscourts.gov/chapter-7-checklist

Expert:  Ray replied 1 month ago.

You can try to pay it off for a reduced amount.They often will take half if you could pay cash.

Expert:  Ray replied 1 month ago.

You have some tough decisions to make here, Chapter 7 or negotiate to pay it off here.A judgment and garnishment they aren't going away until they are paid here.I wish I cold tell you otherwise.

Customer: replied 1 month ago.
right but wouldnt it screw me up also cant I put in for a motion to vacate Judgment
Expert:  Ray replied 1 month ago.

This is too old for that.The court would not grant it at this point.Here judgment also stays on your credit report for up to 10 years, which is three (3) years longer than other debts. And don’t be fooled - although a judgment may come off your credit report after ten (10) years, the judgment still exists and can be enforced within the twenty (20) year time period.

Customer: replied 1 month ago.
Even in NY wow good to know
Expert:  Ray replied 1 month ago.

NY is a not a good state at all for debtors.Florida and Texas are debtor friendly.

Expert:  Ray replied 1 month ago.

How much is the judgment??

Customer: replied 1 month ago.
I guess i will have to really look at my options as i finance a car and lease one too. and like I said my credit was pretty decent now I have to get rid of all my cards
Expert:  Ray replied 1 month ago.

Well you can buy new car here, file Chapter 7 discharge debt and keep the car.You are allowed one vehicle.

Customer: replied 1 month ago.
it was 6000.00 now they want 1200.00 but i asked for paper work and it was only 3693.00
Expert:  Ray replied 1 month ago.

Negotiate give them a lower amount here to resolve it.This is really tough to file Chapter 7 if this is your only real problem.

Customer: replied 1 month ago.
12,000.
Customer: replied 1 month ago.
it it my only problem :(
Expert:  Ray replied 1 month ago.

You might try offering them half here.$6k and tell them you are thinking of filing Chapter 7 here if you cannot resolve it for less.

Expert:  Ray replied 1 month ago.

You can change jobs here and make them find you again.That would buy you some time.

Customer: replied 1 month ago.
I guess I will have to negotiate on a card i don't even recall owning
Expert:  Ray replied 1 month ago.

Best you can do, threaten Chapter 7 here thats a real threat and they get it.

Expert:  Ray replied 1 month ago.

Thanks for the chance to help .I wish you the best.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 1 month ago.
Thank you
Expert:  Ray replied 1 month ago.

Bye for now and the best.