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Do all creditors need a court order before garnishing wages?

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2005-09-08 14:20:14
2005-09-08 14:20:14

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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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.

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Not without a Court Order

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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.

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

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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!

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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.

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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.

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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.

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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.

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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.

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

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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.

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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.

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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.

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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.

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

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A court order.A court order.A court order.A court order.


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