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In which US states can wages not be garnished?
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 garnish your wages for certain unsecured debt. More input from FAQ Farmers:
- Florida but only if you are head of household.
- South Carolina, too!
- Pennsylvania, South Carolina, North Carolina and Texas do not allow wage garnishment for creditor debt. Florida does not have specific laws prohibiting the action, but does have laws that make it very difficult for wage garnishment against the "head of household."
- Kansas - Special "purchased paper" law. Basically, if an account is sold to another company *BEFORE* judgment, a wage garnishment is not allowed. If an account is sold to another company *AFTER* judgment, then a wage garnishment is allowed.
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Answer Yes, a lawsuit judgment can be executed as a wage garnishment. Wage garnishment for creditor debt is possible in all states with th…e exception of North Carolina, South Carolina, Pennsylvania and Texas (with certain exceptions). Before wages can be garnished the creditor must file a lawsuit in the appropriate state court where the debtor lives. If the creditor prevails in the suit a judgment will be entered against the debtor, and the judgment creditor can then execute it as a wage garnishment. Federal law allows for a maximum of 25% of disposable income to be garnished, with the first $154.50 (weekly based) being exempt. Some states have established there own garnishment laws and percentages. If the state's percentage is lower than the federal the state is the one that is used. no No. Only child support and unpaid taxes may be unvoluntary taken from your pay check. * Yes. The issue of child support and tax arrearages only pertains to exempted income such as Social Security benefits. Mississippi allows a judgment creditor to execute said judgment as a wage garnishment.
All states EXCEPT: NC, SC, TX and PA.
Answer South Carolina, North Carolina, Pennsylvania and Texas. Please be advised that wage garnishment is allowed in Texas if the judgment credi…tor has no other means to collect the debt (bank account levy, seizure and sale of non exempt property or lien against real property). All four named states do allow the levy of bank accounts even those that are joint and/or marital and other recovery action.
* All US states allow wage garnishment for creditor debt with the exception of Pennsylvania, South Carolina, North Carolina and Texas (dependin…g upon the debtor's circumstances). All US states allow income garnishment for child support, tax arrearages and in some states spousal support (alimony).
yes, you still made the income
Possible yes. When you finance or lease a vehicle, your creditor holds important rights on the vehicle until you've made the last loan payment or fully paid off you…r lease obligation. These rights are established by the signed contract and by state law. If your payments are late or you default on your contract in any way, your creditor may have the right to repossess your car. Talking with Your Creditor It is easier to try to prevent a vehicle repossession from taking place than to dispute it afterward. Contact your creditor when you realize you'll be late with a payment. Many creditors will work with you if they believe you'll be able to pay soon, even if slightly late. Sometimes you may be able to negotiate a delay in your payment or a revised schedule of payments. If you reach an agreement to modify your original contract, get it in writing to avoid questions later. Still, your creditor may refuse to accept late payments or make other changes in your contract and may demand that you return the car. By voluntarily agreeing to a repossession, you may reduce your creditor's expenses, which you would be responsible for paying. Remember that even if you return the car voluntarily, you're responsible for paying any deficiency on your credit or lease contract, and your creditor still may report the late payments and/or repossession on your credit report. Seizing the Car In many states, your creditor has legal authority to seize your vehicle as soon as you default on your loan or lease. Because state laws differ, read your contract to find out what constitutes a "default." In most states, failing to make a payment on time or to meet your other contractual responsibilities are considered defaults. In some states, creditors are allowed on your property to seize your car without letting you know in advance. But creditors aren't usually allowed to "breach the peace" in connection with repossession. In some states, removing your car from a closed garage without your permission may constitute a breach of the peace. Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If you find that your creditor can't account for articles left in your car, talk to an attorney about whether your state offers a right to compensation. Selling the Car Once your creditor has repossessed your car, they may decide to sell it in either a public or private sale. In some states, your creditor must let you know what will happen to the car. For example, if a creditor chooses to sell the car at public auction, state law may require that the creditor tells you the date of the sale so that you can attend and participate in the bidding. If the vehicle is to be sold privately, you may have a right to know the date it will be sold. In either of these circumstances, you may be entitled to buy back the vehicle by paying the full amount you owe, plus any expenses connected with its repossession (such as storage and preparation for sale). In some states, the law allows you to reinstate your contract by paying the amount you owe, as well as repossession and related expenses (such as attorney fees). If you reclaim your car, you must make your payments on time and meet the terms of your reinstated or renegotiated contract to avoid another repossession. The creditor must sell a repossessed car in a "commercially reasonable manner" - according to standard custom in a particular business or an established market. The sale price might not be the highest possible price - or even what you may consider a good price. But a sale price far below fair market value may indicate that the sale was not commercially reasonable. Paying the Deficiency A deficiency is any amount you still owe on your contract after your creditor sells the vehicle and applies the amount received to your unpaid obligation. For example, if you owe $2,500 on the car and your creditor sells the car for $1,500, the deficiency is $1,000 plus any other fees you owe under the contract, such as those related to the repossession and early termination of your lease or early payoff of your financing. In most states, a creditor who has followed the proper procedures for repossession and sale is allowed to sue you for a deficiency judgment to collect the remaining amount owed on your credit or lease contract. Depending on your state's law and other factors, if you are sued for a deficiency judgment, you should be notified of the date of the court hearing. This may be your only opportunity to present any legal defense. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment.
At present four U.S. states � North Carolina, Pennsylvania, South Carolina and Texas � do not allow wage garnishment at all except for debts related to taxes, child suppor…t, federally-guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed. Several other states observe maximum thresholds that are lower than the 25 per cent maximum provided by federal law. All other states allow wage garnishment for all money judgments. According to the North Carolina Department of Labor: North Carolina courts cannot garnish wages for credit card debt. However, if a court from another state issues a garnishment order for credit card debt, North Carolina employers must enforce the out of state garnishment order. Here is the exact text: Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items. While the North Carolina courts are not permitted to garnish wages based on these debts, creditors in other states may be able to get an order of garnishment under their own states' laws. It is not a violation of the North Carolina Wage and Hour Act for an employer to withhold an employee's wages if required to do so by law. If a court from another state issues a valid order under that state's laws requiring an employer to withhold a North Carolina employee's wages for payment of a debt, the employer does not violate the North Carolina Wage and Hour Act by obeying that order.
North and South Carolina, Pennsylvania and Texas. The exceptions to wage garnishment in these states are..taxes, child support, Federal student loans, court ordered fines or …restitution for debt incurred by a criminal act. According to the North Carolina Department of Labor's website, North Carolina Courts cannot order garnishments for debts other than taxes, child support, and student loans. However, if a court outside of North Carolina orders a garnishment for wages based on a judgment for credit card debt, North Carolina employers must honor the garnishment. Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items. While the North Carolina courts are not permitted to garnish wages based on these debts, creditors in other states may be able to get an order of garnishment under their own states' laws. It is not a violation of the North Carolina Wage and Hour Act for an employer to withhold an employee's wages if required to do so by law. If a court from another state issues a valid order under that state's laws requiring an employer to withhold a North Carolina employee's wages for payment of a debt, the employer does not violate the North Carolina Wage and Hour Act by obeying that order.
Answer None, all states allow wage garnishment if it pertains to child support, spousal maintenance, state and federal taxes
Anyone who is owed money and who receives a valid court judgment to do so. This includes but is not limited to, child support, spousal maintenance, creditor debt, monies owed …individuals, medical issues (hospitals, doctors, dentist, caregivers). In theory, anyone who is owed money can file suit, receive a judgment and execute the judgment order in the form of wage garnishment of the judgment debtor. Please note, wage garnishments must run consecutively they cannot run concurrently. There is one exception, garnishment for tax arrearages and child support are usually allowed to be active while a second garnishment from another creditor is "running".
Garnishment is a process by which creditors [hospitals, doctors, credit card, loan companies or banks, etc] take a part of your income [dividends, commissions, rent received, …wages/tips] in order to pay a debt -- the exception is generally child support received, civil service and military pension benefits, Railroad Retirement, Social Security, SSI [Social Security Disability] and Veterans benefits and only one creditor can garnish at a time. Your after-tax income is exempt up to 30 times the minimum wage per week. If you earn more, creditors can garnish up to one-fourth (1/4) of the amount over the exemption. For example; Multiply the current minimum wage, $7.25, by 30 [$217.50]. If your after-tax income per week is less than $217.50, your wages can not be garnished. If your income is more than $217.50 but less than $290, the difference, $32.50, can be garnished. If your income is more than $290.00, say $300/week, one-fourth can be garnished [$75.00].
My fiance is currently having his wages garnished from Washington State while he is employeed in the State of Texas. He isn't employeed by the State but with a private b…usiness in Texas. He lived and worked in Washington State for about 10 years with the garnishment pending before action was taken. If you can get it paid off before they start taking it, that's the way to go.
Answer . If you signed the wage garnishment yes
Unless you are referring to tax obligations or child support payments owed to the state, or overpayments of salaries or benefits paid by the state, they can't. Only courts (wi…th the noted exceptions) can issue garnishment notices or liens.
In Civil Cases
Creditors can garnish wages in the state of Washington. However, they first have to go through the court system and get a judgment.
Sure. Texas has pretty much the same laws as other states when it comes to debts.
Student loan garnishment is a federal guideline set by the Dept. of Ed., therefor borrowers in all states can be garnished. There are only 2 ways to get out of default on yo…ur Federally Guaranteed student loans. Contact your collection company or student loan servicer and request to enter the rehabilitation program. Most people qualify, but I have seen some refused when the default is over 10 years old. In the rehabilitation program, you will need to make 9-12 on-time payments in addition to your garnishment. After the 9-12 on-time payments, they should stop the garnishment, but you will stay in a default status until your Rehabed loans are sold to a new lender. In the past, that was an easy process, but in these turbulent financial times, other lenders are not buying rehabed loans. So, with this option your loans will stay in a Default status for the forseeable future.The second way you can get out of default and have your garnishment lifted is to consolidate your loans. These days very few Federal lenders will consolidate defaulted loans and your lender will probably not release the loan for consolidation while in a garnishment stage. The good news is, there are a few companies out there that will help you get a garnishment lifted and find a Federal lender to consolidate the loans. One good example is Default Management Services, Inc. They are the cheapest I have seen and give a 100% money back guarantee on their services. You can Google the company name to get the phone #. Ask for Doug.