Legal Question in Credit and Debt Law in Wisconsin

wage garnishments
me and my husband got summoned to go to court on a credit card bill that he makes monthly payments on,the bill is 525.00 but when i talked to the attorney he said he dont have record of the last payments (one of 30.00 and one of 100.00) so as he is concerned we still owe 655.00 and he wants the payment in Full . I thought as long as we are making payments to them each month they cant garnish wages? is this true? any suggestions ... should we go to the court date... like i said we make monthly payments and total is only 525.00 now ... but i want to know if they can garnish if we make payments each month ..

Asked on 3/03/00, 6:07 pm

JAY Nixon nixon law offices

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Re: wage garnishments

You should not admit to owing any more than you really owe. The plaintiff (credit card company) will have to

prove the disputed portion and if the judge believes, after the trial, that they haven't

proven it, you will win! There is no law to prevent any party with a judgement from

garnisheeing your wages, even if you are making payments, once you are in default. If you don't want the

garnishment, you must either fight the lawsuit, pay the amount they are asking for, or

declare bankruptcy. There are some special situations where you may be able to fight a

garnishment on poverty grounds, but it will often be more expensive to fight over the issue

than to go bankrupt. I would recomend that you immediately seek legal advise

from a qualified consumer rights or bankruptcy

attorney.

Answered on 3/15/00, 10:25 pm

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