| In today’s society it is very easy to get a | | | | is for child or spousal support. The second |
| credit card. Unfortunately, some people obtain too | | | | circumstance is for recovery of PHEAA student |
| many credit cards, then cannot keep up with the | | | | loans. The third is after a judgment is obtained for |
| payments. The credit card company sends you a | | | | room and board of 4 weeks or less. Fourth, for |
| notice of default, and threatens a lawsuit. Then, | | | | back rent on a residential lease, and fifth, to |
| either the lawsuit arrives, or, your claim is turned | | | | satisfy obligation relating to a final divorce |
| over to the dreaded collection agency, who again | | | | distribution. |
| threatens a lawsuit. | | | | As you may have noticed, collection on a civil |
| Based upon my experiences with my clients, I | | | | credit card debt is not one of the listed |
| have also found that collection agencies threaten | | | | circumstances where garnishment may occur. |
| other things, like garnishing your wages. I actually | | | | However, it must be noted that a credit card |
| like those words coming from my client’s | | | | company or a debt collection agency can garnish |
| mouth, because it means that the debt collector | | | | your bank account IF they first obtain a valid |
| has violated the federal Fair Debt Collection | | | | judgment against you in a court of law. Threats |
| Practices Act, and my client now has a lawsuit | | | | to garnish accounts prior to obtaining a judgment |
| against the debt collector. | | | | are violations of federal law. It must also be noted |
| In Pennsylvania, neither a credit card company nor | | | | that once your wages are deposited into your |
| a debt collection agency can garnish your wages | | | | bank account, they are no longer wages. They |
| at any time, even though they may threaten to | | | | merely mesh into the corpus of your bank |
| do so. | | | | account, and become subject to garnishment if a |
| Garnishment of wages in PA can only occur in | | | | judgment against you is obtained. |
| very limited circumstances. The first circumstance | | | | |