I am an independent contractor 1099 Real Estate Broker in AZ can unsecured debt credit card company collect garnishment?

houseArizona Collection Lawyer Jun 15, 2012

Citibank and Dillards obtained a judgment against me in 2008 for a debt default in 2005 there is a garnishment at my place of business although with 1099 IRS status I am self employed. How can they collect? Since I am self employed.

A: A garnishment can be valid against payments to you, even if you’re not an employee. You may want to look into whether the garnishment was properly done, whether the parties named are correct, and whether other procedural issues have been followed. You might have some defenses. However, it is NOT a defense that you are an independent contractor. Best of luck!

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Answered by Arizona Collection Lawyer at Gunderson, Denton & Peterson, P.C.

Re-posted from AVVO Legal Questions & Answers.