I have a question from the state of kentucky.my wife has an old credit card which was never paid,was closed an put into collections,an we never received any info on it,so when we got her credit report we contacted them they sent it to a local "corporate" attorney for collections.my wife made arrangments to pay 50.00 per month minimum til paid off.They sent her an agreed order which we figured no harm,may as well sign it or go to court an have a judge order it anyway,so she signed it.we have paid the last few months,missed a month,an since made it up,my question is this,if they garnish her wages they have to send her a court summons correct?they cant just get a garnishment without her having the ability to defend herself can they?or does the agreed order throw it all out the door?and just as well,can they just garnish her bank account?or will she get a court summons first?hate to wake up an find the bank cleaned out without being able go to court 1st.were thinkin of takin her name off the account or opening a 2nd account for the time being,just so they cant get my check if they ever chose to garnish the bank account,not sure how it all works,if they start with wages or go for the juggular from the get go,bank,wages,taxes for instance,i have direct deposit so if they ever garnished her,my check is gone.thanks for any help.

A few points...
1. They aren't going to take this to court if you're paying an agreed amount. It wouldn't make sense to spend hundreds of dollars on a lawyer if you're paying on the debt.

2.I'm not sure of the exact procedure, but they would have to go to court to enforce the garnishment to set the garnishment amount so you would be notified before hand. Limitations are cumbersome as a maximum of 25% of disposable income can be garnished excluding social security and there are other considerations such as child/spousal support. It's an involved process.

3. The lengths at which they will go to get the money depends on how much you owe. If you owe less than $10,000 chances are slim that the company will take this to court, especially if you're paying as agreed now.

im not to concerned if they garnish my wifes pay,it would get paid down and seeing she brings home 150.00 per week parttime,they would only get roughly 100.00 per month,im more concerned they come get her bank account an take my direct deposited check before i see it coming.the amount is 1600.00 an its in the hands of an attorney now,so they would just pass the cost off to me.we pay 50.00 per month i called yesterday to let them know i sent in a payment an the paralegal told me its a very good thing i called,that she was in the process of something but of course couldnt tell me.it was 1 day late for instance,surely she isnt lying an im sure everything is ok,but if they ever come after the bank account id like a heads up so i can put my check in another account so bills can get paid.thanks for reply,i appreciate it

The credit card company can't make unauthorized withdrawals from your checking account and the state will garnish (with notification), they won't just withdraw money from our account without notification.

again,its not the credit card co.its a attorney hired by the credit card co.to collect the said balance,therfore they can get a agreed order from a judge to garnish bank,taxes,wages etc.my question is can they do it at this point without me knowing or would i have to get a court summons an get a heads up so i can divert my check.

No.

They already have a judgment against your wife which the court ordered her to pay. If she does not pay it, they are not obligated to give any advance notice of their attempts to forcibly collect the funds. Your wife would be notified after the garnishment was served, but the funds would be held until she had an opportunity to go to court and demonstrate that she no longer owed the judgment.