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.
A creditor judgment can only be enforced once against one party.
The exception would be different creditor judgments against spouses who have joint debts. For instance, the husband's income could be garnished for a debt and the wife's income could be garnished for a joint marital debt by a different creditor.
I'm afraid the first two answers are wrong. Judges have little discretion. The amount of a garnishment is determined by the law, not by the judge. The only thing I have seen them change is the percentage of interest. Courts do not care about how many kids a person has. I don't believe child support is exempt, although it would only come into play if the creditor attached your bank account. As for the second answer - It depends on who got sued. If the creditor got a judgment against both of you, then you both can have your personal wages garnished. If you and your brother and your best friend get a judgment against all three of you, then all three of you can be garnished at the same time. Everyone gets garnished until the debt is paid.
There is also an "Other Than Personal Wages Garnishment" which is usually the creditor attaching your bank accounts. If you have a joint account then any money in there is potentially available to be attached. It is a gray area and it would be necessary for you to go to court to have the funds returned. But if you comingle your funds, then that money is fair game.
My experience is limited togarnishment law.
Hope this helps.
You would need to sue her in court and obtain a judgment lien. You could use that judgment lien to garnish her wages.You would need to sue her in court and obtain a judgment lien. You could use that judgment lien to garnish her wages.You would need to sue her in court and obtain a judgment lien. You could use that judgment lien to garnish her wages.You would need to sue her in court and obtain a judgment lien. You could use that judgment lien to garnish her wages.
Yes--after he has obtained a civil court judgment against you.
pensions cannot be garnisheed
Yes. There's a process they have to follow, which includes getting a court judgment against you. If you don't hold to that judgment (which is usually paying back the money owed), they can ask the court to garnish your wages.
If the the loan co takes you to court and obtains a judgment against you, yes, they will garnish your wages.
Yes, after obtaining a judgment writ from the court.
You can take the company to court and have the court submit a judgment against the company. You can actually obtain your money from the company that refuses to submit the Garnishee Answer.
The only way your bank account can be garnished--is if there is an court order. If they took you to court and receive a judgment against you, yes they can garnish your wages. Also, if you were summon to court but did not show up, it will be judgment by default and your wages and bank account can be garnised.
Yes they can but they have to get an order from the court first. So watch out
If the creditor sues the debtor in civil court and is awarded a judgment the judgment can be executed as a wage garnishment.
The collection agency can freeze your account, and garnish enough to satisfy the FULL amount of judgment, including court costs, attorneys fees AND interest accrued, which averages about 10%. So because the judgment verdict also has attached to it various fees, and accrues interest, the collection agency has the right to garnish the FULL CURRENT VALUE of the judgment. Your court of origin should be able to provide a full accounting of the current value of your judgment.
Not until they have gone to court and won a lawsuit or judgment again you.
Yes, a creditor can garnish a bank account in South Carolina. The creditor will have to obtain a judgment from a court before a bank account can be garnished.
A landlord may garnish your entree if he is a chef. Other than that he place a garnishee on wages if authorised by a judgment of the court.
Georgia law requires a signed court judgment in order to garnish wages in the state. The signed judgment must be filed with the appropriate garnishment paperwork at the local clerk's office.
Yes, if the lender sues you in court and wins a judgment.
If you default on a car loan the creditor may obtain a court judgment that will enable it to garnish your wages. The rules are provided at the link below.
Garnishment will not stop if you leave the state. A garnishment is obtained from a judgment or default judgment against you in court. You have the option to go to court, and file for modification of the debt or file bankruptcy unless the debt is listed under special circumstances.
Collectors cannot. A court order can. A collector needs to go to court and win a judgment and court order. This varies in difficulty from state to state.
Yes, the judgment amount is irrelevant when it pertains to the execution of the writ and the recovery of the debt owed. The judgment should be filed with the clerk of the court to be enforced as a wage garnishment order. Please be advised, the court will not collect the monies owed, that is the sole responsibility of the judgment holder.
Yes, a creditor can garnish wages even if a levy was lifted on the account. This would require a judgment and the court documents.
If you have had a judgment entered against you and have not paid, the prevailing party can request that the court garnish wages or property in order to pay the judgment entered against you. -J
A creditor must go through the proper court proceedings to garnish wages. If a credit card company goes to court, and gets a judgment against you, then wage garnishment can take place in the state of Louisiana.
For a state court judgment, no.For a state court judgment, no.For a state court judgment, no.For a state court judgment, no.
Not if you go to court! They cannot garnish your wages without going to court to get a judgment. If you fail to show up in court and simply tell the court that the debt is outside the statute of limitations, then you may have a judgment against you. And yes they can garnish your wages if a judgment has already been awarded. So go to court if it goes that far and immediately ask that the case be dismissed based on the statute.