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They can choose to if they first obtain a judgment for the unpaid balance.
Garnishing wages is an expensive process that generally comes after winning a court case and is either mandated by a judge or it was agreed to in initial paperwork signed with the creditor. There are options for an overwhelming amount of medical bills. Cindym
Yes. You need to see a lawyer to understand your legal options.
File suit against the debtor in the appropriate state court in the county where the debtor resides. If the plaintiff wins a judgment they can execute the judgment as a wage garnishment against the debtor. New York allows a maximum of 25% garnishment of disposable income by a judgment creditor.
Texas only allows wage garnishment for taxes and child support. A judgment creditor cannot garnish your wages. They can however levy your bank account once you deposit your paycheck.
There are a few reasons why wages can be garnished in the state of New Jersey. Reasons include back child support, back alimony, or back taxes.
Yes, a creditor or collector can sue for money owed. If they win the lawsuit they will be awarded a judgment which can be used among other options as a wage garnishment. The maximum garnishment for the state of New York is 10% of gross income or the Federal maximum (25% of disposable income) whichever is less.
Only with a court ruling against you, but you be served court papers before that can happen.
Yes. If the creditor receives a lawsuit judgment the judgment can be enforced as a wage ganishment.
Absolutely ! If you owe money on a credit card - the company is perfectly justified in recovering that money - even if it means taking payments directly from your wages ! Credit cards are designed to be used responsibly - if you've overused the card to the point that you can't afford the repayments, it's YOUR responsibility to come to an agreement with the card company !
Yes, if the creditor wins a lawsuit against the debtor, the creditor will receive a judgment and the judgment can be executed as a wage garnishment or bank account levy or other remedies allowed under the laws of the state.
NY wage garnishment is: First $127.50 weekly disposable income is 100% exempt. 90% of the amount over that is exempt. Example: Weekly pay after deductions.$500-$127.50=$372x90%= $37.25. The garnisher would be entitled to $37.25 weekly. However, a person's wages can only be garnished by due process, the creditor filing and winning a lawsuit. Filing for a writ of judgment, executing the judgment for garnishment of wages.The question relates to a single creditor. If there are 9 credit card companies, does this mean that between them, they can take the entire 90% of your income?I don't know for the rest of NY, but in Suffolk County, only one garnishment is allowed to be executed at a time.