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Our son owes a credit card company some money. They (the credit…

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Our son owes a credit...
Our son owes a credit card company some money. They (the credit card company)recently took all of their available funds that they were going to use for their house payment. So our son had his wife open up another account in which to pay their household bills out of at another bank. He has a line of credit at the bank which the credit card company knows about and every time he makes a payment to the bank on that line of credit, the credit card company takes that money. He is practically unemployed, so he is struggling to even keep his house and necessary bills paid to keep it functioning. Is there anything they can do to stop the credit card company from taking his money?
Submitted: 8 years ago.Category: Legal
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Answered in 3 minutes by:
6/21/2010
Lawyer: FLACORPLAWYER, Attorney replied 8 years ago
FLACORPLAWYER
FLACORPLAWYER, Attorney
Category: Legal
Satisfied Customers: 4,634
Experience: 23 Years as attorney, licensed NY and FL. Former US ATTY.
Verified
This has gone a lot further along than you think. In order to be garnishing his bank accounts they have to have sued him, and have a judgment. Certain items are exempt from garnishment, but most are not. Opening an account in the name of a non-debtor is one solution. Making a deal with regular monthly payments with the judgment debtor is another solution. If we are talking about a big sum, bankruptcy is a possibility. He should be made aware that while he has this judgment outstanding, he can forget about getting a mortgage loan for that new house.
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Customer reply replied 8 years ago
He had received a letter from the court and he did not realize that by NOT appearing this would happen. He had already told them that he could not pay them anything, so he didn't understand the importance of appearing in court. They already have a mortgage, the money that the credit card company took was the money they were going to pay on their mortgage for their home. If he doesn't have any means to make payments to them and he had filed bankruptcy about 5 or 6 years ago is their any other option? His home, electric, water and gas payment for the house and his auto payment must be paid every month. He needs a vehicle in order to pursue more work. Any other suggestions?
Lawyer: FLACORPLAWYER, Attorney replied 8 years ago
My primary suggestion, if they will not agree to orderly monthly payments, is to do what millions of other Americans do and keep the money in other people's accounts. If his wages are garnished they are limited to 25% under state law.
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