Can A Credit Card Company Get A Judgement Against You And Take The Funds From Your Business Account?
Feb 082010
I would like to know about collection laws in California. If my girlfriend had a dispute with a credit card company and didn’t pay the $5000.00 balance, can they get a judgement against her and take that money out of our business account?
Can they take the money out of a trust if she is the beneficiary?
We need asset protection advice!
California Wage Garnishment
Up to 25% of the debtor’s net disposable earnings. Once the levy has been served on the employer by the sheriff or marshal, it remains in effect until the judgment has been paid in full. Because California is a community property state, the wages of a non-judgment debtor spouse are also subject to levy. California Statutes of Limitation
Written agreements: 4 years, calculated from the date of breach.
Oral agreements: 2 years.
The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period.
I’m not an expert on CA law, but you might want to say whether your business is incorporated or not.
A $5K disputed balance is pretty big. One would think that your girlfriend would have some sort of documentation detailing and proving her side of the dispute. If the credit card company sues, she would be able to present her side.
If they do get a judgment, they can probably attach any bank account with her name on it. Might be a good idea to settle the dispute before it gets to court.
If you are a corporation, I don’t believe they can. If you are a sole proprietor, I believe it is possible
It all depends on what your business organization’s nature is.
Sorry I needed this piece of the puzzle so my answer is a little different here. Well first how much in default are you on this credit card. I am not familiar with the laws in Cali, but I know if it was possible I would move funds into something in your name and not jointly.