rlacy916


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!

Powered by Yahoo Answers

5 Responses to “Can a credit card company get a judgement against you and take the funds from your business account?”

1. Randy G on April 18th, 2009 3:53 am

   Powered by Yahoo Answers

   I’m not an expert on CA law, but you might want to say whether your business is incorporated or not.

2. ryanmahalo on April 20th, 2009 11:36 am

   Powered by Yahoo Answers

   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.

3. prodigychild_21 on April 22nd, 2009 3:42 pm

   Powered by Yahoo Answers

   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.

4. bdancer222 on April 24th, 2009 12:31 pm

   Powered by Yahoo Answers

   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.

5. bigdog on April 27th, 2009 7:56 am

   Powered by Yahoo Answers

   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.