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Income Garnishment

~3500 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.
The automotive manufacture has two options when repossessing a vehicle. They will either tell you to keep the vehicle and they will put a lien on your house for the value of the vehicle if there is enough equity in the house, and pressure you into selling it. If you do not sell the house then the li…
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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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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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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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They can ONLY take 25% of your disposable income.
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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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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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Answer In order for anyone to get a judgment against you the proper procedures would have to be followed. If however, like some do (and should never ever do) you received a summons and did nothing, a creditor could have won by default. You then could have as little notice as 24 hours of garnis…
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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…
Popularity: 152
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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Yes. Most credit cards and other revolving accounts are unsecured. A consumer can be sued within the statute of limitations (as established by state law) and in accordance with the card holder agreement. If a judgment is granted, the creditor may place a lien against any real property, garnish wages…
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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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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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Answer After the creditor wins a lawsuit and has been awarded a judgment against the debtor and then files the judgment as a wage garnishment action.
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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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Garnishment of Wages Yes, you can make payment arrangements with almost anyone to whom you owe money. In fact, they would probably prefer that to the giant pain in the ass garnishing wages can be. Companies, health care professionals and even the IRS are willing to set up a payment arrangement with …
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A bank account can be garnished by one creditor at a time. Levies on bank accounts remain until the debt is paid in full.They can put a "freeze" on your bank acct everyday if they want. I found this out. Keep your money out of the bank. Im going bankrupt and my lawyer said to let the bank fees go in…
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bs i had student loans being garnished from my disabilty ss
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If you're talking about a federal student loan, you're talking about federal law that trumps the law of any state you live in, New Jersey and Indiana included. For correct federal info, see below. In general terms, it is not more than 25% of disposable income. Or 30x the minimum Federal wage, whiche…
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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 w…
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Yes! Bank regulation E stipulates all these rules about what can and cannot go through your account and what is required if funds are to be electronically sent to you. When you fill out your form for direct deposit, it states that the information that you listed is correct and that you knowingly are…
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The short answer is no. Narcissism is not caused in adulthood. There is nothing one adult can do to another adult that will cause something as serious as narcissism. The adult psyche is far too well established and functional to be destroyed in the way one with narcissism has their psych destroyed. …
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Answer There is a GRM (Gross Rent Multiplier) that compares the total rental/lease income to the value or price of the property. The price can run 8 to 10 times the gross income, but that can vary widely up or down based on market conditions, interest rates, management, building type and qual…
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Yes, if the original terms of agreement were not followed, a creditor could file a suit, win, receive a judgment and enforce the judgment in the form of wage garnishment. Even if the debt is "old" the SOL would more than likely not apply in this instance. Whenever a payment or in some states even an…
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Yes indeed. If you owe attorney fees the attorney can sue you in court. If successful, a judgment lien will be issued by the court. That judgment lien can be recorded in the land records against your property. Lawsuits for unpaid attorney's fees are not uncommon. If you owe the attorney a fee you s…
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It depends on the laws of your state. What usually happens is the judgment order is served on the bank. The bank puts a hold on the entire account. Then it is decided by the court, which funds will be exempt from the account. The other account holder has to file papers claiming the amount that belon…
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Garnishing Wages In certain states your wages cannot be garnished for certain liabilities. For instance, if you owe taxes, they will garnish your wages, if you owe child support and have been a deadbeat parent, they will garner your wages, however, there are some jurisdictions that will not ga…
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None. You have no right to any information unless you are a union employee, in which case the union contract may cover this issue. You'd have to read the contract.
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Answer Try steveshorr.com then click thru to debt collection Check out this site too small-claims.courts
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No! In order to obtain a garnishment order the creditor must follow due process of law. They must file suit, receive a judgment from the court, and apply for a writ of garnishment of wages. The consumer/debtor must be notified of the action and given time to present a defense. The state of Florida h…
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child support payment amounts are generally determined by the income of both parents, the cost associated with taking care of child (ex. child care expense, day-to-day care,medical expenses, etc), also child support takes into consideration if the non-custodial parent has any existing cases (other c…
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Absolutely, go to your local court house and ask for the public records on this person. Some have public record computers they'll allow you to use. If someone is having his/her wages garnished due to a judgment it will show. The clerk will not supply a person's records. Anyone wishing to learn of a …
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No.A termination of parental rights petition will not be accepted by the court until all arrearages have been paid.Additionally, TPR petitions are not a means for a parent to be relieved of his or her responsibility to their child or children.Judges rule on TPR's according to what is in the best int…
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Check out the Rosenthal Fair Debt Collection Practices Act.at http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1788-1788.3There are other links at www.SteveShorr.com/law.htm
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Absolutely .I used to locate assets for a large motor credit company for accounts that have already been sued and one of the consumers I was trying to locate assets on had been on America's Most Wanted during the time a judgment was being placed on him . basicly he was nowhere to be found and was st…
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yes.but i am sure there will be some calculations on the judges part before coming up with a set amount. depends on the income combined, if you have kids, child support etc.No.A creditor judgment can only be enforced once against one party.The exception would be different creditor judgments against …
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A creditor can file a lawsuit, and if they win, obtain a writ of judgment. That writ can be executed in the form of wage garnishment. Garnishment is one way a creditor can collect money owed from a debtor. Through garnishment a third party can be ordered to pay money over that is otherwise owed to t…
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Answer Yes. Self-employed persons are subject to garnishment under the same laws as those who are employed by a company/business. MI law follows federal guidelines, 30 x mininum wages of disposable income is exempt. (Ex. paid weekly 30 x 5.15=$154.50 is exempted). Amounts above that are subject…
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Answer You need to get with your bank to see if they paid your checks or not. If they sent them back to the person who deposited the checks that you made out to them they will be at that person's office or business. You will receive a charge from your bank for bouncing the check and you wil…
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Answer It's not simple but it is possible, assuming that there is substantiating evidence. Some of the reasons a creditor can be sued are, fraud, breach of contract, antitrust violations, bait and switch, infliction of emotional distress (extremely hard to validate), and so forth. The type of…
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Answer yes, as this would make it easier to obtain a judgment and/or wage garnishment for whatever is owed.
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Answer It will likely be sent to a collection agency who will continue attempts to recover the debt. If a satisfactory agreement cannot be made, the account may be referred to an attorney who can file a lawsuit against the debtor to recover the amount owed, any applicable fees and legal expen…
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Answer Whatever spouse is paying for Daycare then yes, they can request this through the courts and make payments to a licensed daycare. Marcy Answer it all depends on the stae u live in and wt there laws on it is usuely if it is court orderd the judge will put in there htat it ahs t…
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You would respond to the suit just like any other suit. File an answer that addresses each and every paragraph of the complaint with either an admission or denial. Then you would add that you have reached an agreement to pay the amount due and that you are making payments according to the terms of…
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Due process of law needs to be followed, meaning filing a lawsuit in the proper court and presenting evidence at the hearing to substantiate the claim.If the plaintiff wins they will receive a writ of judgment which can be executed as a wage garnishment or other options that are in accordance with s…
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You contact your local EDD office of equal empoyment. And tell them you are working for free. If you have been terminated and havent received your moneies, then you let them know (your employer) they have 72 hours to come up with your last check.Its the law where Im from. KNOW YOUR RIGHTS.Dont work …
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YES, the IRS CAN garnish your Social Security Retirement benefit! This is a relatively new program, though it was apparently authorized under legislation from several years ago. If your monthly benefit is more than $750, they may garnish 15% of your monthly benefit for taxes that are at least six mo…
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You, like many others who are facing repossession may TRY to hide the vehicle. I stress the word "try" because of the industry that has risen out of this activity. In the event you do TRY to do this, a team of spotters and skip tracers will begin to open up every aspect of your life in the process o…
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Answer It is possible, but very remote. In this day and age, it is usually pretty easy to find someone to serve them with a lawsuit. But there are exceptions to every rule. If you can show due diligence in attempting to personally serve a defendant with a lawsuit and you just can find them, …
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No. You cannot be fired unless your earnings have been withheld before for a different court judgment (i.e. one not related to your current job earnings). If this is the first judgment for which your wages will be withheld and your employer fires you because of this, the California Labor Commissione…
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Answer Yes - you can request a variable repayment plan with higher payments during the months that you are employed. Ask your lawyer or trustee for more info!
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Answer Florida Statutes, chapter 77 outlines very strict procedures for garnishment. Florida Statutes �222.11 offers a significant exemption to wage garnishment known as the "head of family" exemption. Effective July 1, 2001, the judgment creditor is required to serve a notice of rights to the …
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Answer In Michigan it is 2/3 of your wages. More Opinions States establish laws that regulate WCI, that being the case it would be necessary to know the state in which the person resides before a specific answer is possible.
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Answer Work out some sort of agreement very quickly with the other party. If you can't do that then perhaps your only option is to file bankruptcy very quickly. Filing bankruptcy legally puts a stop of wage garnishments. Filing bankruptcy stops all of your creditors' collection activi…
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Answer Yes they can make you responsible for it. It was your responsibility and you lost the money. Employers in restaurants can also dock a waiters/waitress' pay for broken dishes if they so choose. Answer It depends. If paying the money back is going to reduce your income below minimum wage…
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Despite the answers below, many states laws' are silent on this particular issue. What is clear is that you must be paid the applicable state or federal minimum wage for your occupation and age consistent with the company's normal payroll (or sooner in some states). If you are historically paid at a…
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You could start with your state Attorney General, they should have a website. Also check out the related link, scroll down until you see licensed financial institutions, there you'll see collection agencies. Good Luck! Also A statute of limitations sets forth the maximum period of time, after th…
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Answer Yes, at least in the state of PA it is legal for them to charge a small amount to take out for Domestic Relations. Answer KS Lowe's Cos, USA charge $2.00 per pay period
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Answer Indiana SOL's are, open accounts (credit cards,etc.) six (6) years; written contract for payment of money (promissory notes, etc.) before 9/1/82 10 years, after 8/31/82 6 years; written contracts for goods or services 10 years; domestic judgment against real estate 10 years; domestic j…
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Answer I'm sure it's LEGAL, but I don't know if I would like my employer for doing that. On the other hand, most employers do not appreciate the extra effort involved in dealing with court orderd attachments to wages. By not taking care of your obligations you have placed an additional burden on …
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There are many banks that will open accounts for those in chexsystems. Your options really depend on the state in which you live Better Answer peoplescashsolutions dot com (Peoples Bank in Paris, TX). This bank will give you a 2nd chance even with having bad credit and being on Chexsystems at the …
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Answer The laws on collecting interest on a debt will vary by state and may be governed by the terms of the agreement, if any. However, most states do allow you to collect prejudgment interest and have it added to the judgment if the case goes to trial.
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Answer Privacy laws don't really apply to employment verification. Many US employers are reluctant to give a bad reference, because they fear they will be sued. Other companies have a policy that they give only neutral references, or only verify dates of employment (and possibly salary and/…
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Answer The creditor or person who is owed money must bring a lawsuit against the debtor in the proper court. If the plaintiff wins the case they will be granted a judgment, the judgment can then be enforced as a wage garnishment against the debtor, in accordance with the laws of the state whe…
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That piece of paper means something. you promised to buy and gave money. They held the furniture for you until you could complete payment. "All sales are final" means exactly what it says. ---------- The above answer is not necessarily true. According to: (http://ag.ca.gov/consumers/general/refun…
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Answer If either your employer bought the disability policy, or you purchased it with PRE-tax money (thru payroll deduction perhaps), then I believe disability benefits are taxable at ordinary income tax rates. If it was purchased with after tax money, usually not taxable. A good rule of thumb is…
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Answer In 2003 FBI agents entered Federal service at a base salary of $39,115, yet earned about $48,890 a year with availability pay. They can advance to nonsupervisory assignments at a base salary of $61,251, which is worth $76,560 with availability pay. FBI supervisory, management, and executive p…
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Garnishing Pension Payments The short answer is NO. All Social Security benefits and most private pensions are exempt from creditor judgments. SS, SSi, SSD are all completely exempt from any garnishment or seizure. On the other hand, your pension depends on the type and what your state s…
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That depends upon what you want to say. You may wish to tell them that since your income has become smaller, you will have to make smaller payments, and you hope that this will not be a problem for the mortgage company. Or, you may tell them that you can no longer afford to make payments at this tim…
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It means that a bonding agency would be willing to carry a bond to guarantee your behavior. Typically, if you have been pretty honest and don't have any felony convictions or bankruptcy, you'll be bondable. Answer What is being asked here is essentially whether or not you will pass the backgro…
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Answer The law allows only one garnishment procedure at a time, they are taken in priority; for example a wage garnishment for child support would supercede a garnishment for credit card debt. The maximum for creditor debt in N.Y. is 10% of gross income (income before any deductions). The maxim…
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can an income judgement attach themselves and demand payment from: SSD, military disability and blindmans annuity(for the blind who lives in NYS) Disposable income is the amount that remains after all deductions (taxes, Medicare, pension contributions, etc.) have been made.
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The defendant receives a notice of final judgment from the court where the plaintiff entered the judgment.If for some reason the notice was not received the defendant should contact the office of the clerk of the court where the lawsuit was heard.You can check your local civil court clerk's index an…
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The church used in the movie Road to Perdition is in Beecher, IL.That is 100% wrong...the church is in Kankakee, IL...There was no film location in the movie in Beecher, IL
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How can i find out where someone bank so a writ of garnishment can be served to his bank. the account i had on file of course has been closed and ive been trying to get 16,000.00 from him for the work we did for 2 years. i have all kinds of judgments against him and he will not answer the door for a…
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Answer States set their own laws for wage garnishment. Some states do not allow wage garnishment by creditors but will allow it when it pertains to child and/or spousal support, tax arrears and some court ordered restitutions. The maximum allowed is 25% of disposable wages with the first $15…
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No, all SS benefits are exempt from creditor garnishment. They are not exempt from garnishment by the IRS for tax arrearages and in some instances state tax arrearages. Generally no. HOWEVER - they can be garnished for payment of debts owed to the federal government (taxes, federal loans, etc) AND f…
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Yes, Nebraska is a wage garnishable state. http://www.nlc.state.ne.us/epubs/L1500/Q023-2005.pdf
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Virginia Procedural Requirements On a judgment for money, it shall be the duty of the clerk of the court in which such judgment was rendered, upon request of the judgment creditor, to issue a writ of fieri facias at the expiration of twenty one days from the date of the entry of the judgment and pla…
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Yes. Spousal and child support are the only unemployment benefits that can be garnished.
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I would think not, that money is to be used for educational expenses only! That money is backed by the federal gov't to be used for your education! If they did that I'm sure you would have court standing.
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He should be worth around $1 billion or more
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24 I'm sure :-) :-) :-)
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you get arrested
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If the company is not incorporated then yes, the assets of the company technically belong directly to the owner and can be garnished to pay child support. To avoid this, the company can become incorporated and the owner should be given a specific salary set by the corporation.
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You don't- the creditor gets to keep what he has garnished up to that point. If you file BK, the BK trustee might force the creditor to return some or all of that money. But even if that happens, that returned money will be re-distributed to all your creditors- you personally would not be getting th…
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