That cannot be answered unless you consult the local legal code. There is a grace period before any action can be taken. That allows an appeal to be filed if it is available. The legal papers can be flied in a day or so after there the delay required has been satisfied.
In Indiana, a credit card company can only garnish wages if there has been a judgment against you. If they sued you, and you lost or did not show, and the Judge determined you owed, they can garnish you. They can not do it on their own.
There must have been a judgment obtained and then they can act on the judgment and attach wages.
As long as they have a court order of a judgment against you - yes they can. There are limits though as to how much they can take out of your paycheck. In most states that is 10% of the gross pay.
You should contact the bank ASAP. You will have to convince them that you WILL pay every month. That may not be easy after they had to repo the car. But TRY anyway. They have the option of collecting however they feel they wil get the most money. Its up to you to show them what that will be. Good Luck This depends on whether the bank filed a lawsuit against you and was granted a judgment entitling them to legally garnish your wages. If that legal action was granted, they can and will take the amount granted by the judge from your wages regardless of your payment.
Collection agencies cannot garnish wages or seize property. They can refer the deliquent account to a collection attorney who can file a lawsuit. The attorney must be licensed in the debtor's state and the lawsuit must be filed there. If the lawsuit is won, a writ of judgment can be issued. The writ can be executed in the form of wage garnishment, bank account levy and seizure of nonexempt property. There are collection firms such as Mann Bracken who are also collection attorneys, they handle accounts from large banks such as Bank One/Chase. MB has been authorized to act as an arbitration collector, which differs somewhat from traditional lawsuit action. ("Macky" macky83@juno.com)
in the state of colorado how do you garnish wages after a judgement has been made
In Indiana, a credit card company can only garnish wages if there has been a judgment against you. If they sued you, and you lost or did not show, and the Judge determined you owed, they can garnish you. They can not do it on their own.
There must have been a judgment obtained and then they can act on the judgment and attach wages.
If a garnishment has been ruled against you in a judgment it can be collected no matter where you are.
As long as they have a court order of a judgment against you - yes they can. There are limits though as to how much they can take out of your paycheck. In most states that is 10% of the gross pay.
Yes. Follow the rules in your state for filing a judgment.
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.
within 90 days
You should contact the bank ASAP. You will have to convince them that you WILL pay every month. That may not be easy after they had to repo the car. But TRY anyway. They have the option of collecting however they feel they wil get the most money. Its up to you to show them what that will be. Good Luck This depends on whether the bank filed a lawsuit against you and was granted a judgment entitling them to legally garnish your wages. If that legal action was granted, they can and will take the amount granted by the judge from your wages regardless of your payment.
Not sure in what context you mean, but yes a court order can garnish your wages for child support. IF the custodial parent has filed a support order and paternity has been established then YES absolutely your wages can be garnished. If you mean that a creditor filed judgment against you and you are the one receiving child support, they cannot touch that money, but if you are getting those direct deposited and the creditor attaches the order to your bank account the child support can be taken indirectly that way. Good luck
This question needs to be clearer.
The Plaintiff's motion for summary judgment is asking the court to rule on all pleadings that have been filed in the case. This happens if one of the defendants has filed an response or answer. The Plaintiff will usually ask for judgment when filing a motion for summary judgment.