In the US, a student loan collection company that is garnishing your wages will already have a court judgment against you. You can get out of the judgment and garnishment by consolidating your loans. Click the link at the bottom of this text box to get help with the consolidation of your loans.
Yes, provided there is an outstanding judgment against you. Without the judgment, neither the agency nor the original creditor has any recourse for garnishment, and will not be able to obtain an order for garnishment.
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.
Yes, a judgment creditor can execute the judgment as a wage garnishment.
If the lender sues the borrower and wins a judgment the lender can then execute the judgment as a wage garnishment on any outstanding amount that is owed and in some cases legal fees and other expenses incurred in the recovery of the debt.
AnswerGenerally once the judgment has been executed as a garnishment it will run until the debt is paid. In many states a creditor must return to court every 60 or 90 days to renew the garnishment order.The necessity for renewal does not apply to wage garnishment for federally funded student loans.I know of one company that can get a garnishment lifted and restructure a defaulted student loan with a low manageable payment, the company is www.defaultms.com
Yes, provided there is an outstanding judgment against you. Without the judgment, neither the agency nor the original creditor has any recourse for garnishment, and will not be able to obtain an order for garnishment.
Yes. The lender can file a lawsuit in the debtor's state and if awarded a judgment can execute it as a wage garnishment.
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.
Yes, a judgment creditor can execute the judgment as a wage garnishment.
If the lender sues the borrower and wins a judgment the lender can then execute the judgment as a wage garnishment on any outstanding amount that is owed and in some cases legal fees and other expenses incurred in the recovery of the debt.
AnswerGenerally once the judgment has been executed as a garnishment it will run until the debt is paid. In many states a creditor must return to court every 60 or 90 days to renew the garnishment order.The necessity for renewal does not apply to wage garnishment for federally funded student loans.I know of one company that can get a garnishment lifted and restructure a defaulted student loan with a low manageable payment, the company is www.defaultms.com
If a judgment creditor over charged you on a writ of garnishment increasing the interest and the amount to be garnished can the judgment be vacated?
The proper procedure for the garnishment of wages is established by the laws of the state in which the debtor resides. Generally, the person/plaintiff wishing to initiate a garnishment must file the writ of judgment as a garnishment order with the clerk of the court in which the judgment was granted.
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.
Vacating a civil judgment nullifies the court's original decision. If the judgment was levied due to unpaid debt, any garnishment must immediately cease. Read more at Suite101: [http://www.suite101.com/content/vacating-a-civil-judgment-for-unpaid-debt-can-stop-garnishment-a234018#ixzz15UVivDRu '''Vacating a Civil Judgment For Unpaid Debt Can Stop Garnishment'''] [http://www.suite101.com/content/vacating-a-civil-judgment-for-unpaid-debt-can-stop-garnishment-a234018#ixzz15UVivDRu '''http://www.suite101.com/content/vacating-a-civil-judgment-for-unpaid-debt-can-stop-garnishment-a234018#ixzz15UVivDRu''']
For California, look in court forms web site and look for judgment exceptions to garnishment. I would do an attachment, but this is not an email. ==========================
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.