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No, in fact it gives rise to a cause of action (in the same case that caused the garnishment) for fraud; or fraud of a fiduciary (depending on how the garnishment is handled).

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Q: Can creditor keep overpayment of garnishment?
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Can wages be garnished by more than one judgment creditor at the same time in Oklahoma?

No, wage garnishment by a judgment creditor must run consecutively not concurrently. Garnishment/automatic deduction of court ordered child support is not considered a 'true garnishment', that being the case a child support deduction and creditor garnishment can be active at the same time.


How does wage garnishment work?

Simple version: The creditor sues the debtor and is awarded a judgment. The creditor executes the judgment as a wage garnishment. The garnishment papers are served on the garnishee's employer. The employer withholds the amount stated in the garnishment order from the named employee's wages until the debt is satisfied or the garnishment order is no longer valid.


How do you find garnishment balance?

You can find your garnishment balance by contacting the court who issued the garnishment or the creditor who put the garnishment on your wages. You could also pull a credit report to see your current balance.


Does Virginia allow wage garnishment for credit card debt?

Yes, a judgment creditor can execute the judgment as a wage garnishment.


What is the maximum wage garnishment in the State of Alabama and would is a garnishment dischargeable in bankruptcy?

The state uses federal garnishment guidelines which would be a maximum of 25% of disposable income with the first $154.50 of weekly salary exempt from garnishment. The 25% only applies to creditor garnishment, it does not apply to court ordered child support, tax arrearages, and in some cases spousal maintenance or personal injury awards. Garnishment for those issues can be as much as 50% depending upon the circumstances and the decision of the judge. Wage garnishment for creditor debt can be eliminated in bankruptcy. Garnishment for the other issues cited such as child support cannot.

Related questions

Can unemployment garnish your wages for a past overpayment?

how can I stop a wage garnishment


Can you file bankruptcy to keep from paying garnishment?

It depends on who is garnishing your wages. If it is a creditor than yes, if it is the IRS no.


Can Social Security garnish your wages for an overpayment when you have an appeal on file?

No, but if the appeal is favorable to the SSA they can recover the overpayment amount via garnishment of income.


Can wages be garnished by more than one judgment creditor at the same time in Oklahoma?

No, wage garnishment by a judgment creditor must run consecutively not concurrently. Garnishment/automatic deduction of court ordered child support is not considered a 'true garnishment', that being the case a child support deduction and creditor garnishment can be active at the same time.


How does wage garnishment work?

Simple version: The creditor sues the debtor and is awarded a judgment. The creditor executes the judgment as a wage garnishment. The garnishment papers are served on the garnishee's employer. The employer withholds the amount stated in the garnishment order from the named employee's wages until the debt is satisfied or the garnishment order is no longer valid.


How is the money divided when you have more than one garnishment?

Creditor garnishments must run consecutively they cannot be concurrent. That being the case, the first creditor that executes the garnishment order is paid until the debt is settled. Then the second garnishment (if any will begin). Please note, child support and sometimes spousal maintenance is NOT considered a "true garnishment of wages". Likewise garnishment for federal and/or state taxes are not applicable as such. For example, a child support garnishment can be active at the same time as a creditor judgment garnishment. The percentage of garnishment amounts is determined by the laws of the state in which the garnishee resides.


Can more than one garnishment be enforced at one time in Maryland?

Only one creditor garnishment can be in affect at any given time. However, child support garnishments and tax arrearage garnishments can run concurrently with a creditor garnishment.


Can I serve a writ of garnishment to a bank?

Yes a writ of garnishment can be served to a bank. A writ of garnishment is a process that allows a creditor to seize the property of a debtor.


the beginning of the year my wages were gardinsh by unemployment compensation department. Back in 2006 I worked and was paid with a check. I have 4100 overpayment. Moved to another city and was not notified of the overpayment. Can I stop garnishment.?

You need an attorney to stop the garnishment, unless you can prove a hardship case now that they are taking so much money you cannot afford to live. If there was an overpayment, you can contact them to set up a payment plan.


How do you find garnishment balance?

You can find your garnishment balance by contacting the court who issued the garnishment or the creditor who put the garnishment on your wages. You could also pull a credit report to see your current balance.


Does Virginia allow wage garnishment for credit card debt?

Yes, a judgment creditor can execute the judgment as a wage garnishment.


If you go on disability can you still be garnished by a sheriff or creditor even though the garnishment has already started?

Garnishment orders apply to wages or in some cases bank accounts. Sheriff's do not garnish wages they just serve the garnishment order. If you are not being paid by an employer there are no wages to be garnished. Disability benefits are exempt from creditor garnishment. They are not exempt from garnishment for tax arrearages or child support.