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Yes, the only exceptions are the IRS and state revenue agencies, even those can be subject to appeal. Some states do not allow wage garnishment for creditor debt they are, North Carolina, South Carolina, Texas and Pennsylvania.

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โˆ™ 2005-09-08 14:20:14
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Q: Do all creditors need a court order before garnishing wages?
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Related questions

How do you find out who is garnishing your check?

It shouldn't be any secret! Your HR department should be able to tell you who is garnishing your wages, they will have a court order on file. And chances are you have already received notice of the law suit and the rest of the process that was used to get the court order.


Can Unsecured creditors take your home?

Not without a Court Order


Can a mother garnish a child's dad for child support?

If there is a court order for child support and he does not follow it the mother have to let the court know and they will make the decision if garnishing his wages or not.


Is your money safe in the bank from creditors?

No, they can obtain a court order of garnishment and remove your money at a cost to you.


Can a primary custodial parent simply stop court ordered child visits based on allegations in Kentucky?

No. There must be a court order. They must take the matter before the court and obtain a temporary order to stop the visits.No. There must be a court order. They must take the matter before the court and obtain a temporary order to stop the visits.No. There must be a court order. They must take the matter before the court and obtain a temporary order to stop the visits.No. There must be a court order. They must take the matter before the court and obtain a temporary order to stop the visits.


Can creditors freeze bank accounts if they sue?

No. Creditors have no authority to freeze bank accounts. Only the court has the authority to order bank accounts frozen.


How much do you have to pay if you wages are garnihished?

It depends on the garnishing order


Can Creditors garnish personal injury check?

No they cannot. It must be by court order, and/or government agencies (tax delinquency for example).


My pay have been garnish for years now I believe the loan is paide How can I get in contact with this company to now for sure if my Loan is paidoff and if not how much more do I need to pay?

Ask your employer to give you the name of the entity who is garnishing your wages--- is it an individual; the court; a company, etc. Most likely it will be a court. Get the case number of the court case and go to the court and look at the judgment and see how much was awarded in the judgment. Then add up how much you have paid over the years through the garnishment towards the judgment. Then if you have paid the amount in full, and they are still garnishing you can petition the court to stop the garnishment and return any overpayment. A QUICK WAY to find out is to just ask your employer for the total amount the ORDER OF GARNISHMENT instructed them to garnish. Your employer is responsible for garnishing only the amount in the COURT ORDER. GOOD LUCK!


Is the state of North Carolina law on garnishing wages?

A wage garnishment occurs when a creditor has a government or court order to obtain your debt from wages that are earned from your paycheck. In North Carolina, as in other states, child support, student loans, and unpaid taxes can be collected without a court order.


A friends father died and she was the beneficiary of his life insurance policy She is in debt so can creditors garnish that money since she has court orders to repay creditors?

They have a court order to obtain the money. They could garnish the income from the life insurance. She doesn't get a free ride, she has to pay it back somehow.


How can I stop a student loan company from garnishing my wages when they never gave me an option for payment agreement and my employer never ask or told me about it. I also think the amount they took out is way too much! please help me!?

A garnishment is limited to 25% by law.In order to get one the other party must get a court order and if you want to contest it you'll have to go to the same court and put your case before them.


Is it legal for the father to keep the kids from their mom before court makes a decision regarding custody?

No. Not without a court order.No. Not without a court order.No. Not without a court order.No. Not without a court order.


Do you get a court order letter if you get a judgment against you?

You will be served with a court order if there is a judgment against you. But long before that you would have been notified of the court proceeding.


Can a custodial parent change schools when a court order states a specific school for a child?

Not without a new court order. If the existing court order specifies a certain school, a new court order will have to be established before a change can be made.


What is the law for garnishing wages?

the answer varies from state to state since each can determine the amount of net or "take home" pay that is available under a garnishment order that must be obtained through a court action.


A creditor files a claim and refuses a chapter thirteen?

His refusal or objection must be to the court. They will decide. If they don't agree with the courts findings, (tough), they should get legal advice and you should ask the court to get involved with someon not complying with the court order. Even their action to YOU of abjection will be handled by the court, as it is against the law and automatic stay of collection actions required by creditors. Of course, sending copies of the law and court motions, perhpas instruction that they contact the court with any questions before you take the action of asking the court to take action on your behalf on their failure to follow a court order, is appropriate.


In Michigan can an employer garnish wages without any court proceedings?

Only some creditors can garnish wages without a court order. These include the IRS, student loan companies, or child support.


What can you do if divorce judgment indemnifies you from mortgage and credit card debt but companies refuse to recognize Superior court order?

A shaky issue. Likely as not, you are on the contract for these debts with your exspouse. The court that granted your divorce separated you from the debt, and only the courts can legally break a contract when both parties do not agree to it. You have the recourse to appear in court if the creditors attempt to sue you and produce the order from the divorce court indemnifying you. Likely as not the presiding judge will honor the order from the divorce judge, and the creditors will have no option at that point but to pursue your exspouse. Be prepared to cooperate with the court if the judge requests any location or asset information on your exspouse from you. This can only help your case.


Can creditors collect on a property going to probate court?

Yes. The debts of the decedent must be paid before any assets are distributed to the heirs. An estate that contains real property must be probated in order for title to pass to the heirs legally. There is a statutory period when the probate case is filed during which creditors can file a claim. That period varies from state to state.


Is a court order enforceable BEFORE its actually entered by the attorney?

A court order is enforceable the minute a judge signs it. In reality however, this is timeframe is usually extended to the time when the order is recorded in the Court Clerk's office.


What must be done with fruits and vegetables carvings used in garnishing in order to look fresh?

If you place them in iced water for a few mins. before using they will look fresh and keep their colour and crispness.


What happens when a non custodial parent violates a court order?

The custodial parent must take the matter before the court by filing a motion for contempt of a court order. The court may impose sanctions but the custodial parent must stay on top of the situation.The custodial parent must take the matter before the court by filing a motion for contempt of a court order. The court may impose sanctions but the custodial parent must stay on top of the situation.The custodial parent must take the matter before the court by filing a motion for contempt of a court order. The court may impose sanctions but the custodial parent must stay on top of the situation.The custodial parent must take the matter before the court by filing a motion for contempt of a court order. The court may impose sanctions but the custodial parent must stay on top of the situation.


Before repossession can your wages be garnished?

When you enter in a legal contract to pay and you default it is the creditors right to use all legal means to collect the unpaid balance.Sometimes the collateral is lost, destroyed or its value is less than the cost of repossession. State laws and regulations are different but I know of no rule that requires repossession prior to presuing the collection process. Garnishments are by court order to satisfy a judgment that has been granted by a court.Creditors are notified by summons of pending court action.Failing to appear results in a judgment for the plaintiff.


Can creditors object to a bankruptcy filing or plan?

Yes. Each type of bankruptcy allows creditors to object to specific debts included in the plan or the manner in which the plan addresses the repayment or discharge. In Chapter 7 Bankruptcy, creditors generally have 60 days after the first creditors meeting to object to the discharge of a specific debt. If no objections are filed, the court will issue the discharge order and the trustee will proceed to collect and sell the assets, then distribute the proceeds to the creditors under a predetermined system. If there are objections, the bankruptcy itself, less the objected debts, continues through to discharge. It may be necessary to have a trial before a judge to resolve the items that creditors objected to. In a Chapter 13 case, creditors are given an opportunity to object to the plan for repayment. If there are no objections filed by creditors or the trustee, the plan may be confirmed as filed. After the plan is confirmed, the trustee will distribute the payments from the debtor to creditors until the