Karylan wrote to me through the GetOutOfDebt.org site and asked the following question. If you have a credit or debt question you’d like to ask just use the online form. I’m happy to help you totally for free.
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“Dear Steve,
I am 24 yrs old living at home with my mom and might be getting sued by capital one. I work at a grocery store about 8 hrs a week sometimes not even that. I have had no luck finding a stable job, i might have to quit the one i have becuase i don’t have a car. I make about $70 a wk if i work all 8 hrs.
If i am sued can they garnish my wages where i make so little money?
Karylan”
The Answer:
Dear Karylan,
There are two different view on this. First, while it is highly unlikely that you would be sued, I have seen it happen before. And when I asked the creditor why? Their response was that while the person might not have anything of value or income right now, they probably will in the future. I have seen people sued by creditors for just a few hundred dollars.
I asked my lawyer friend to respond to you as well. Here is what she had to say:
“Don’t panic! The debt collectors’ threats to sue you are very likely to be just that: Threats on which they have no intention of acting. Threatening to sue and garnish wages or place liens are how collectors scare folks into paying when they can’t afford to pay. Debt collectors are often paid based on their collections so they tend to say whatever they think will motivate you to pay. Here are some facts:
- It is not worth a creditor’s time to sue on small debts. They would have to spend more in legal fees than it’s worth to them. And just suing on a debt and winning doesn’t mean they can collect. Your situation right now makes you “judgment proof” meaning that you have no real assets and collection of a judgment against you would be something most creditors wouldn’t want to pursue.
- No one can garnish your wages or place a lien on your property without first getting a judgment against you for the debt. A judgment is only obtained after you have 30 days to respond to the written civil (not criminal!) complaint. This complaint will be mailed to you and will have the court’s name at the top, along with the caption showing the name of the creditor “vs” or “v.” you. It won’t look like normal correspondence from the creditor. Even after your 30 days to respond (or any extension you receive) passes, the creditor still has to file more court documents and you will get a copy of all of them.
- If you live in one of the 46 states that allows wage garnishment, then after all of the proper legal papers have been filed, it is possible for you to be garnished. But in your case, I do not think this will happen, I think they are trying to scare you into borrowing money from your family or friends to pay the debt. While we all want to pay our just debts, your financial situation at the moment doesn’t allow for that.
The bottom line is that the vast majority of these threats to sue are empty threats and nothing will happen without your knowledge so long as you get your mail. Therefore, I’d advise you to simply wait and see. After all, you need to save for a vehicle in order to get a better paying job.
In the meantime, visit the FTC’s website and read your rights under Federal Fair Debt Collection law so you can protect yourself. When this collector goes away, be prepared for another one to take it’s place– bad debts are sold and resold, another reason to learn all of your legal rights. Good luck and hang in there!”
So there you go, two slightly different points of view.
I think in the end all you can do is keep living your life and not worry so much about what MIGHT happen.
