Can a credit card company actually garnish your salary?

I%26#039;m in FL and I have been a victim of identity theft. I was served a summons to answer or appear in court in 20 days. I did answer the lawyers office and mailed all the documents that I have proving that what they are trying to sue me for is not my debt. I have a fraud alert on my bank account and with all three credit bureaus. I also got another letter in the mail stating that they will accept half of what I allegedy owe them as a compromise. The debt isn%26#039;t mine and I%26#039;m not paying it. I just don%26#039;t want my salary garnished, I live paycheck to paycheck as it is.

I thought your salary could only be garnished for alimony, child support or IRS taxes.

Can a credit card company actually garnish your salary?

If you are considered head of household then your wages are 100% exempt from garnishment.

You might want to do some reading on exemptions in the following links:

Tthe Florida Legislature:

http://www.leg.state.fl.us/Statutes/inde...

The Florida Bar Assoc:

http://www.floridabar.org/TFB/TFBConsum....

IF you had provided BoA with the proof that it was not your account and that it was a case of ID theft before they filed the suit, you may possibly be able to file a counterclaim against them for filing suit on a debt that they know is not yours.

Florida has their own version of a FDCPA which includes original creditors. (the FTC version does not include original creditors)

Any Fl. FDCPA statute or other state statutes they violated could be used as a counterclaim.

You might contact a %26quot;consumer credit%26quot; lawyer and ask if they will give you a free first consult. Take %26quot;all%26quot; of your info with you when you go to speak to him/her.

It may be possible that if you have a good case showing proof that BoA knew that ID theft was involved, the lawyer %26quot;may%26quot; take the case on contingency and be paid by BoA if you win.

Can a credit card company actually garnish your salary?

If they get a judgement against you in court, they can - so don%26#039;t ignore the court appearance. If you don%26#039;t attend and aren%26#039;t represented, you will lose by default.

Good luck.

Can a credit card company actually garnish your salary?

I didn%26#039;t see anywhere in your explanation that the company is trying to garnish your wages, only that you got a summons to appear in court. If you lose in court, the most they can do is obtain a judgement against you. They can%26#039;t have money taken out of your pay.

Can a credit card company actually garnish your salary?

Once they get a judgment, they may not garnish your wages but will go directly to your bank account. then the bank will tack on a service fee of $100, in some cases (B of A did this to my daughter.)