Can a father have his son’s employer garnishthe son’swages for a unpaid credit card inthe father’s name?

UPDATED: Jan 8, 2012

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Can a father have his son’s employer garnishthe son’swages for a unpaid credit card inthe father’s name?

Asked on January 8, 2012 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In order to have a valid wage garnishment in any state in this country, there has to be a valid judgment entered against a particular person and entered in a filed court action.

Unless the father has filed a lawsuit against the son where a judgment has been entered against the son, there cannot be a wage garnishment on the son's wages concerning the credit card debt that you have written about.

The father cannot legally have the employer withhold a portion's of the son's wages absent a court order to do so.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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