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Income Garnishment

~2600 answered questions
Parent Category: Debt Collection
The withholding of a portion of an employee's wages due to a court order in conjunction with a lawsuit decided against the garnishee.
There is a recall on the 2001 Malibu blinkers. I'm not sure exactly what had to be fixed but my Malibu was having the same problems but seem to work fine now. There is a recall on just about every late 90's to early 2000's Malibu. Even my 2000 Grand Am has the same recall! If I run the AC they …
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Maybe. Workman's Compensation Insurance is regulated by state law. It designates what will or will not be covered by benefits.Everything I have needed they have paid for. I am in florida.Typically, the prescriptions must be related to the compensable injury, ie muscle relaxers for an ankle sprain wi…
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%DETAILS% Answer The financial institutions use auctions for such issues. They, for the most part, do not have lots where they will attempt to sell the vehicles. They cut their loss and auction them off to recoup what they can prior to the end of any fiscal reporting for that quarter. …
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%DETAILS% To the best of my knowledge there is no limit. This is their way of robbing people and unfortunatly the city usually just wants the car MOVED so they don't crack down on the fees the companies that move the cars charge. The finance company that has it repo'd pays them to tow it and all…
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One thing to remember is this: repossessed is repossessed. YOU NO LONGER OWN THE VEHICLE. It is not yours, not even to complain about. The repo company has made arrangements with the finance company; of course. The repo company is not in business for their health. It's a business and they're in it f…
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this can vary by state, but in most if they get a judgment against you by taking you to court, then can - but there are rules about this as well that vary by state for example where I live they can't garnish the head of household, can't leave less than a certain amount in the check, etc. There a…
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Tim, I have never heard such a request. Ill answer your question but first I have one for you.WHAT is soooo precious about the car that you don't want to give it up? Did you go on your first date in it??Tim, the car probably isn't worth anywhere close to whats owed on it. That's why they sued to ge…
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In most cases YES. You should talk to an attorney in your area for state specific advice.Yes, if the lender obtains a judgment for the deficiency.
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%DETAILS% If the car is gone, the car is gone. The car would only be covered in BK if you still had it.   If you file Chapter 13 bankruptcy within 10 days of your car being repossessed, or in some states before it has been sold or auctioned, your creditor must return the vehicle to you.
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� 31.0025. AUTHORITY OF COURT TO ORDER TURNOVER OF WAGES. (a) Notwithstanding any other law, a court may not, at any time before a judgment debtor is paid wages for personal services performed by the debtor, enter or enforce an order that requires the debtor or any other person to turn over the wa…
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BK only stops the repo process until the BK is discharged. BK does not mean you can keep the car without paying for it.My opinion? Give the car back.
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The same way a loan company does, HIRE a REAL repo agency to do the job.
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NOPE, only the state can garnish for CS or taxes. Some collector is trying to smoke you into paying or dont know the laws in SC.
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B/K is very seldom the BEST way. How much CAN you pay on a REGULAR basis and still live?? $50.00 a month? %40.00?? That may be cheaper(per month) than garnishment. You can hold your head up and say "I pay my bills". Whatever.. That is the BEST way, pay your contracted debts and get on the way to a d…
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YES, IF your paperwork is in order, you can agree on a price and the unit is accessable. repoman.com for Texas repo agents Please dont waste yours and the agents time with an EX-this, I want my car back thing.
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YES, states honor each others judgements. Same as suspending your DL cause you got a ticket in another state.
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YES, unless you are in a state that doesnt allow garnishment.
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Greg, if you are the primary OWNER on the TITLE, you can take the car. It would be better if you did the repoing yourself. Most repo cos. wont touch this type of "repo" with a 10 ft. pole. Toooo many variables and he said/she said.
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If filed in a timely manner. But have you considered the LASTING effects of filing?
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Brian, were you the co-signor on the loan??? Otherwise, NO. How could you be responsible for someone else's debt? YOU would have to sign the loan. Sounds like a collector trying to smoke ya...
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YES, if they get a judgment against you, garnishment is next.
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You should call a local attorney for a free consultation. I would guess your chances of COLLECTING are slim to none.
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You should contact the bank ASAP. You will have to convince them that you WILL pay every month. That may not be easy after they had to repo the car. But TRY anyway. They have the option of collecting however they feel they wil get the most money. Its up to you to show them what that will be. Good Lu…
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Call DCA�s Consumer Information Center toll-free at 1-800-952-5210.In the Sacramento area call (916) 445-1254.http://www.dca.ca.gov/bsis/bsiscons.htm  I bought a new Dodge Stratus and lost my job and can no longer make the payments because I have lost my job and have IRS debts that are more …
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http://www.loanofficersuccess.com/newsletter/10_9_03tips.htmPerhaps because, like Texas, these states severely restrict one of a creditor's most effective tools -- wage garnishment. Texas bans wage attachments except for child support, and the Carolinas have similarly strict laws.In addition, Texas …
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likely another 10 yrs. or until the SOL tolls.
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ssa-custhelp Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions: **child support and tax debt and other govt. debts.** The Social Security Administration's responsibility for protec…
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%REPLIES% Answer It belongs to the lender and YOU get to store until they come pick it up. Answer yes...but dont forget to let them know you will be charging them a $60 a day storage fee, just like you would get charged.
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If you mean for the same judgment, YES. Two judgments for the same defaulted loan, NO.
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http://www.pacode.com/secure/search.asp search the PA code vol. will make no difference
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Call a local attorney NOW. Have your "proof" of BOP ready. S/he will contact the Lender and go from there.
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YES, read your contract again to see what you agreed to. Tx is still part of the United States so the laws are still (mostly)uniform across the land.
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need approval from hair vehicle
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%DETAILS% Answer The "rules" are what you agreed to when YOU SIGNED the contract.READ your contract again where it mentions DEFAULT. Rule prolly says that when you are in DEFAULT of the contract that your car can be repoed. That would be ONE DAY LATE. BUT most lenders dont want the car, they wa…
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That needs to be discussed with the LENDER before you let it get repoed. Better yet, discuss while you are current on the payments. If you're in a temp shortage, they might work with you on getting around it. If its NOT temp, they will likely want all the money due at one time. TALK to the LENDER ab…
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I know of NO recovery agent who has areect powers. It would be totally contradictory to the idea of "SELF-HELP" repos. I know a lot of gung-ho wanna be repomen who will LIE about being able to do so.
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Shoot you in the foot??? NO. They can attach other personal property you own.
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In most states, YES. The lender can garnishee the signor AND cosignor wages and/or attach other personal property.
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Look at it this way, they "made arrangemnets" when you bought the car. You couldnt/didnt pay then while you HAD the car. So why will you pay on your own when you DONT have the car. Likely they will garnishee.
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Yup!If they sell the car and don't get what you owe, any income you receive can be considered viable income to pay off the difference on your loan plus any penalties or fees. Even social security and Disability
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http://www.nlsa.us/public/consumer/cn1_collection_procedures.htmlooks like you have problems
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They can ONLY take 25% of your disposable income.
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That depends on several things. How gast the lenders attorneys are, how fast the court pushes cases thru,ect. Maybe a year?????
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YES. If not, everyone would be buying their cars in TX. No other state would sell cars.
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Not likely, unless you get a REFUND. Or stay in one place tooo long.
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YES, as long as its not in a locked enclosure(gates,garage,ect.)
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MOST LIKELY...they go where the MONEY is. Would CU ignore this?": Ask THEM.
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IF they have a JUDGEMENT for the balance due, they can garnishee your wages. Income taxes?? NO
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Well, don't worry about the lender getting a judgment against BOTH of you and possibly garnishing your wages. Some lenders take advantage of the IRS laws and send you a 1099 for whatever income they write off. Watch for that.
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I cant say, I havent checked the AL statutes, but it sure sounds crooked. try state.al.us and look for the statutes. MOST folks just work CASH jobs in that situtation.
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http://www.livepublish.le.state.ut.us/lpBin22/lpext.dll?f=templates&fn=main-j.htm&vid=98&2.0 Title 70A,Chapter9A-Part614 70A-9a-614. Contents and form of notification before disposition of collateral -- Consumer-goods transaction.In a consumer-goods transaction, the following rules apply…
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noboby can garnish your income tax except for the government. Unless they take you to court. If they do that file chapter 7.
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A Writ of Replevin is a court order for the debtor to turn over the property. If the debtor doesnt do so, the debtor is in contempt of the court. What happens to people who are in contempt of a court order? They retire to more peaceful surroundings to consider their need to obey the court order.
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This is a good question to ask your B/K attorney for state specific and case specific advice.   Not at all,once fou file for bankruptcy all of your debts will go away and any garnishments (except back taxes)will stop, back taxes you owe are not accepted on a bankruptcy case,the rest is ok.
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Its your choice. What amount would they get IF they garnished your wages? More or less? Do they have a judgment for the balance due? IF so, they gave you a choice.
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Yes, as long as the policy is still in force. If the insured or owner of the policy is able to make changes to the policy (i.e. sign change form), it would probably be wise to have whoever the payor will be added to the policy. While your at it, make sure all the beneficaries (Primary and secondary)…
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An employer large enough to be subject to anti-discrimination laws can not take arrests into account, ever. Employers can take convictions into account if they are job related. Small employers not subject to anti-discrimination laws can do what they wish. Arrested is different from convicted. Th…
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Yes. Then get a letter stating the debt was satisfied and photocopy it. Get a report from each reporting agency, dispute it saying it should say "satisfied"...attach a copy of the letter from court to your dispute letter. Attach the page of your report (photocopy) and highlight the item disputing. I…
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Collection agencies are simply collectors, and in that capacity, act as agents for the original creditors. An outside collection agency does not have the power to sue or instigate legal action of its own accord and without the permission of the original creditor. However, if the account is sold to a…
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Time to GarnishmentThe creditor first has to get permission from the courts to do so. It takes up to two years for the process. But it could take as little as six months.In Texas they can't garnish your wages at all.True, in Texas creditor's can not garnish your wages, but once the money is deposite…
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No they can not this is called reaging a debt to make it appear newer than it is. This is illegal. file complaints with your states BBB and the FTC also your attorney generals office. you should see some results. I feel your pain. My husband has a collection account on his credit for a judgm…
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You can try, however if they agree then this will change the date on your credit report. Meaning: It will stay on your credit report even longer.
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Verbally is NEVER a good idea. Hopefully you have written proof. If so, you can alway submit it to the Credit Bureau. At the very least, you can send in a comment stating you paid in full "per your verbal agreement". Then any Creditors can see that info when they pull your report. If you don't have …
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Depending on what this question is really asking, one obvious possible answer:Make more money through your business!And one less-obvious possible answer:Negotiate with the debtors for an advanced repayment schedule, so you can repay the debts faster.
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NO! SS, SSI, SSD are protected by Federal Statutes and exempt from creditors. A creditor cannot simply "take money" from your bank account. They would have to sue, win the suit, and collect the judgment If that were the case,you would claim your disability payments as exempt. The process for suing i…
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What collection agencies and CRA's do, is function on the boarderline of legalities. They violate the consumer protection laws regularly and get away with it. Most people do not have resources available to file a lawsuit. Which is the only thing that will get the attention of the "bullies." The acti…
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Made payments on July but they get a letter explaining (id theft) some1 took my money from my bank , Can I recover $$ I already pay for? from who?? This event doesnt concern the lender on your car.This between you, the bank, and whomever did the ID theft.Can I sold the car and pay the dealer?":IF y…
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yes, but it rarely happens.
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No, not usually. The exceptions are child support, taxes, fines imposed by a state agency, and federal student loans. Another exception is that if a creditor gets a garnishment order against your employer in another state, then that order is recognized in North Carolina. However, under the Fair Debt…
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Maybe. You need to find out what sort of contract was made when the vehicle was purchased. What the state's SOL pertaining to the contract. More than likely they can, in order to recover the back payments and loss penalty.
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The Fair Debt Collection Practices Act 15 USC, Section 1692c(C) CEASING COMMUNICATION reads "If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or the consumer writes the debt collector to cease further communication with the consumer, the debt collector shall…
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A creditor must take a consumer to court in order to begin the legal process to garnish wages. The exact procedure for this process depends upon state laws. Most statutes require the plaintiff in a court case to make a reasonable effort to contact the defendant. This can entail sending a written not…
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It would depend on what the term "trying to pay" means.Once a debt goes into default it is due and payable in full. Any creditor that takes payments on a defaulted debt is doing so outside of the bounds of that contract as a courtesy. So, if the debt in question has been defaulted, then yes, the cre…
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A petition with exemptions that were applicable to the defendant should have been presented to the court. All states have a set of exemptions that protect specific property from creditor attachment. W/O knowing the state of residency I cannot give a more specific answer. Sorry!My state is Illinois..…
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Yes they can, but there are so many factors that must be in order before they can do that. For example, they must consider the balance of the account, if your bank account is a joint account, the laws of the state which you live, etc. They have procedures to follow. It does happen, but as a gene…
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Losing a House for Non-Payment of a Credit Card It is very unlikely they will or even can take your home. This is very true if you have a morgage on the home, first they would have to pay off the lender on your home then foreclose, under most conditions they can't forclose as long as you pay th…
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Every state has different collection laws. However, no one can garnish your wages, bank accounts, etc. Without due process. Which means they have to follow correct procedure and sue you in a court of law. If they win, they can then apply for a judgment order and only then can they take any action ag…
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They can refuse any payment offer that is different than the amount specified in the contract. And don't think of the statement that they will garnish 30% of your wages as a threat. It's a warning, but they will need to sue you and get a court order to do it.
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It is possible that they would hold you responsible for the entire balance of the account. It could be seen as a fraudulent conveyance to continue using an account after someone has died. The company has the legal right to be notified of the death of a card holder so that it can file a colleton judg…
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Yes. Under Nevada law 75% of your weekly pay or (154.50) whichever is highest is exempt from atttachment by creditors. Depending on circumstances, this amount can be amended. But not to the extent of causing undue hardship upon the debtor and/or dependants. Bank accounts, certain pensions, real esta…
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You cannot be arrested for owing money. If a collection rep. even hints at such an action being taken against you. She/he is in violation of Federal/State laws, and can be in serious trouble. An agency that has "bought" your account from the original creditor can take legal action such as a lawsuit.…
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Yes. If you are sued and judgment awarded against, your wages can be garnished.   Well, sort of... Florida is what is known as a "debtor friendly" state. Assets that can be attached by creditors are limited.For example, wage garnishment for the head of household.. the first $500 is exempt. An…
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This would depend upon your state's law regarding common law and garnishment. You can search the internet for information about this question under your state's statutes.   Only if the couple live in a community property state. In those states both spouses are equally responsible for debts, r…
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Yes, if more than one company receives a judgment in their favor and gets an order to garnish your wages, then you would be garnished. State law as to limits and exclusions would apply. You also might have an affirmative defense and reason to reduce both judgments. Consult an attorney familiar with …
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There's no particular time limit to file a suit. Actually there is no way to be certain if they will. The average length of time for a creditor suit to reach court is 15 months. This is dependent on your state's legal system, if a small claims suit can be filed, and other factors. Keep in mind the C…
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Yes, if they follow the proper legal steps.These steps would begin with a lawsuit. If Household won the case and got a judgment against you, the statute of limitations, and their remedies for collecting (including wage garnishment)would be established by your state's laws.
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Statutes that apply to bankruptcy are used in lawsuits and judgment awards. A search of state bankruptcy laws will provide the information. If the state of residency follows federal BK procedures, there is generally a mixture of state and federal statutes concerning lawsuits. In states that have opt…
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Some states allow garnishment orders from other jurisdictions. Consult the laws of your state of residency to find out if it applies in this case.
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