0
Can action be taken against a debt collection attorney that sent a garnishment notice with all your private information to a company where you have never been employed?
Johnz
Absolutely. Attorneys can be sued for malpractice, incompetence, defamation of character, and so forth. The attorney has also violated FDCPA laws and the matter should be brought to the attention of the office of the state's attorney general in the state where the attempt to serve the writ of garnishment occurred.
Wiki User
∙ 17y ago
Add your answer:
Earn +20 pts
Where was Abner Doubleday employed?
he was employed by the civl war which is the army
The method of warfare employed in World War I was called what?
Trench war fare was employed in world war 1
Which wealthy Italian family employed humanists to teach their children?
The Medici family employed humanists to teach their children.
Which occupational group employed the people in Victorian England?
The mafacturer companies employed the most people in the victorian era
What events caused children to start working in factories?
they were easily employed and could do the jobs that that the adults couldn't such as ; chimney sweeps , collection of items that had been lost under heavy machinery and large items and sitting down in the mine shafts holding lights for the miners while they worked , living conditions were terrible at this point in history.
How do you stop bank garnishment if self employed?
The garnishee would need to file a court order to have the bank levy quashed (made invalid). The best option would be for the garnishee to contact a qualified attorney or legal organizaton for specific advice.
What could be the consequences when a person who has little income and no personal property is sued by a collection agency in New York City?
It may be that the person being sued is "judgment proof" (legal term execution proof). That means when a lawsuit judgment is awarded it is uncollectible because the defendant/debtor has not property that can be attached or seized and sold by creditors. If the person is employed wage garnishment or bank account levy is a feasible option for creditors to recover monies owed. New York allows either federal or state garnishment whichever constitutes the lowest amount. The maximum federal garnishment is 25% or disposable income with the first $154.50 being totally exempt, NY garnishment is 10% of gross income. Other personal exemptions would be the same as the state's bankruptcy exemptions also federal non-bankruptcy exemptions are allowed. It would be advisable to talk to an attorney versant in creditor and debtor law (bankruptcy attorney) most offer free consultation or at a minimal fee.
Where can the information about self employed tax be found online?
The IRS website offers a lot of information on self employed tax. They describe "who is self-employed", "what are my obligations to paying taxes if one is self-employed" etc.
Can long-term disability insurance be garnished?
If you owe back alimony or regularly fail to pay on time, they can get a court order and take the money owed with a garnishment. A garnishment can be up to 50% of your total income until amount owed is paid.
Can you find out where someone is employed by their social security number if they owe you child support?
The District Attorney/State's Attorney and/or the State child support agency can do this.
What would happen if your bank reports you to the collection agency for being overdrawn by 2800 dollars for 45 days?
The collection agency will attempt to collect the debt through phone calls to you, letters requesting payment, and possibly seeking a judgment against you in court and garnishment of your wages if you are employed. The most serious consequence of overdrawing your checking account is they no doubt reported it to ChexSystems... an entry on ChexSystems will prevent you from being able to open a new bank account.
Laws Governing Wage Garnishments?
A wage garnishment is the required withholding of an employee's income by an employer for the payment of a debt. Such requirements may be the result of a court order or may be in accordance with an IRSor state tax collection effort. While laws governing wage garnishments can vary from state to state, federal law generally supercedes state law unless state law grants extra protections to the debtor.Federal law protects debtors from being discharged by their employers due to the required garnishment for any one debt. It does not protect debtors from being discharged by their employers if their wages are garnished for more than one debt. Federal law also dictates that under most circumstances wage garnishments cannot exceed more than 25% of a debtor's disposable income, this limit applies regardless of how many wage garnishments are in effect. Exceptions to this include garnishments for child support payments, tax payments and/or payments associated with a bankruptcy ruling.Creditors typically only use wage garnishment as a last resort collection effort, because of the legal hurdles involved. In most states, a wage garnishment can only be imposed after a court has rendered a judgement that says the debtor owes the money and then issues a court order imposing the garnishment. These are often separate court decisions.In order to avoid a potentially embarrasing wage garnishment, a debtor might want to consider negotiating a settement with the creditor. Creditors are required to notify a debtor of impending legal action prior to initiating a lawsuit and generally prefer to work directly with a debtor rather than go to court. In many cases, a debtor may wish to consult with an attorney to determine whether the debt is legitimate and the extent of his/her options. An attorney knowledgable in debt collection and bankruptcy law can advise the debtor on the applicable statute of limitations, the maximum garnishment amounts, and the best way to manage the debt.There are other types of garnishments besides wage garnishments, including bank garnishments. A creditor may seek to have a debtor's bank account garnished if he/she is not gainfully employed. In the cases where a debtor is employed and a lawsuit has been initiated by the creditor, wage garnishments are the most common method of collection.
Does an attorney need malpractice insurance if he is under 1099?
The 1099 only represents that the Attorney is working on a contract basis (self Employed) rather than as an employee. If the attorney is in fact a self employed independent contractor then this likely means that no coverage is afforded by the employer. If this is the case, then it would be a good idea for the Attorney to get some Malpractice or Professional Liability Insurance so there will be coverage in the event of a malpractice suit. Otherwise the attorney will be out of pocket for any related expenses in the event of a claim. The 1099 itself has no bearing on the attorneys need for Malpractice or professional liability coverage. It only indicates that he or she is a sel employed independent contractor.
When was The Debt Collection created?
Debt collectors are frequently employed by debt collection organisations, while some work independently. Some of them are also lawyers. Customers' delinquent debts—debts that are at least 60 days past due—are sometimes collected by these companies and remitted to the original creditor. For more information Call now : 03301226372
What health benefits does a Criminal Defense Attorney get?
Criminal defense attorneys are self-employed, so whatever health benefits they have they pay for themselves. If they are employed by the Public Defender they get government benefits.
Is an attorney employed by the Illinois Education Association legally bound to work in an ethical manner when the client is a teacher?
Answer: Yes, of course. For more information, please contact Charles McBarron at the Illinois Education Association - 217/544-0706.
Can a district attorney work in law firms?
Not while employed simultaneously as a prosector. The conflict-of-interest is too great.
