Administrative Wage Garnishment can be done by US Department of Education, or any guaranty agency that participates in the Federal Family Education Loan Program. All they need to do is send you a notice 30 days beforehand, regular mail, to your last known address. They do not need any judgments or writs, and any state or local laws referenced below are superceded by USC 34 B 682.
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uhhh yes. not only a judgment, but they also need a writ of garnishment... if they have the writ... they more than likely have the judgment as well.
you should have been served the summons... then if you didnt show up... its automatic default judgment against you. you should have also received a copy of the writ as well.
chances are they have one and you just dont know about it. employers generally dont go through the trouble to set that up unless thay have been legally.
A collection agency cannot instigate legal procedures. In general a collections agency will refer the account to a collections attorney. The attorney must be licensed to practice in the debtor's state. The attorney will file suit, if the suit is won,a petition for a writ of judgment is made, the judgment can be enforced in several ways, one being wage garnishment. In all these steps the debtor must be notified and given time to answer. The length of time for the debtor to respond is governed by state law. There are collection law firms, one of which has obtained the right to use arbitration. That is a different process, but, it does not change the fact that a writ of judgment has to be issued by the court of jurisdiction.
Only if it has gone to court, served you with the complaint and gotten a judgment against you. If it has gotten the judgment, the agency must still make application through the courts to get the wage garnishment. The garnishment cannot begin until you have been given notice of the request and a chance to object to it.
Once they have the judgment, they can make the application right away. They simply have to provide the court order to the employer to begin the process.
Your bank account is generally frozen only one time when the judgment for a garnishment is set to begin. This allows the courts the time to release the judgment and decide on the amount that you will have to pay.
The garnishee is not notified by the judgment creditor or the court, but the wage garnishment will not begin until 30 days after the writ has been served on the employer; therefore the employer usually notifies the employee that garnishment action is pending. A wage garnishment will remain valid until the total judgment amount is paid in full. Wage deduction for child support is not considered garnishment, thereby allowing a support deduction and a creditor garnishment to be concurrently executed.
Wages can be garnished in the state of PA. The creditor needs to go to court, and get a judgment against you, and garnishment will begin in approximately one month.
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.
A creditor may (but is not required to) issue a garnishment as soon as a judgment becomes final (10 days in general sessions court or 30 days for circuit or chancery court). After an employer receives notice of the garnishment, the employer has 30 days to answer. The employer will then begin withholding wages and sending them to the court.
Tell the new employer that your wages are being garnished and the reason for the garnishment. If it is for child support, call child support services and give them the name and address of your new job so that garnishment continues. If you don't let them know, your employer will automatically fill out forms when you begin employment which will notify any government agency of your new employment situation and they will resume collections. It is best to make the call yourself to notify them of your new employment or to let them know that you are no longer employed.
They can. But, you owe the hospital not the collections agency. If you pay $100.00 per month to the accounting department of the hospital, they arenot likely to refuse your payment, and will apply it toward your bill. If you continue to pay the hospital and refuse to discuss anything with the collection agency when they begin to call you, your bill is likely going to be paid in full by the time the collection agency can do anything but send you letters and call. Be careful and do not pay with a personal check. Pay by postal money order only. Paying by personal check gives your banking information to the hospital who in turn can pass this on to the collection agency. In the event they eventually obtain a judgment against you, the collection agency will already have the information they need to garnish your assets.
They can begin the garnishment when they have court order. It won't end until they get all the money owed, you settle the debt with a buyout agreement or it is included in a bankruptcy.
Baker and Rowley Talent Agency
Early and mid-1800s