Legal Question in Credit and Debt Law in Maryland
Credit Card Collections & Garnishments
I defaulted on payment to my credit card over a year ago and it has been turned over to a collections company. I've just returned to work from medical leave and received a call that they were going to garnish my pay to repay that defaulted debt. I had been told that's not legally possible because it's not a secured debit. Is this true or can they legally garnish my pay?
2 Answers from Attorneys
Re: Credit Card Collections & Garnishments
They can garnish your pay if they have already sued and obtained a judgment against you.
Re: Credit Card Collections & Garnishments
In Maryland, any judgment, can be the basis for a garnishment, whether the judgment becomes a lien by operation of law or not. If they have not obtained a judgment against you yet but have filed a lawsuit, the only way to protect your wages from garnishment is to negotiate a voluntary payment schedule before trial or to prove that the debt is not owed or has already been paid. If no suit has been filed to date, you can sit back and wait for them to file it or you can call the collection agency to try to negotiate a payment schedule.
Good luck with your new job and resolving this matter.
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