old credit card

by Denise
(West palm beach florida)

I had a credit card years ago with Providian Bank. The credit card was sold to a collection agency. Because of financial hardship i stop paying. My original credit line was 2,000 and now the collection agency states i owe them 8,000. They have file it with the civil court in 2007 and i tried to make arrangements with them on friday 10-14-10 and they stated that my wages are going to be garnished. What rights do i have now if any? I can not afford to have 25% of each paycheck to be garnished.

Comments for old credit card

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Oct 21, 2010
wage garnishment for old credit card debt
by: Gerri

if we understand your question correctly you were sued in 2007 over an old credit card debt and the collection agency obtained a judgment against you at that time. Now they are trying to garnish your wages in order to collect on that judgment.

The first question I would ask is whether they properly obtained a judgment against you. If this was a very old debts, outside the statute of limitations, then you may have been able to successfully challenge their lawsuit. In addition, it is possible they inflated the fees and interest charges as well.

It's much more difficult to challenge this once they have obtained a judgement against you. However, if you did not go to court when they sued you, it may be worth talking to a consumer law attorney to find out what your rights are.

With regard to the wage garnishment, you can typically request a court hearing where you would be able to explain to the judge why this wage garnishment would be a hardship for you. In these types of situations, however, we do recommend you at least talk with an attorney to find out what your options are. You can set up a free consultation with a bankruptcy attorney who can help you understand your rights, and explain to you want property is safe from the judgement. He or she should also be able to advise you on your options for dealing with this wage garnishment order.

Good luck. We hope you are able to find a way to put this behind you.

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