0
A creditor can garnish however much the court has given them permission to garnish. The court decides this depending on the kind of debt owed as well as the willingness of the defendant to pay the debt. If it is a debt for owed child support, for example, a huge percentage of the wages can be garnished.
Wiki User
∙ 9y ago
Wiki User
∙ 15y agoFirst off...unsecured debt is clearly what the process is for as a secured debt creditor generally doesn't need to use garnishment for collection as they simply take the asset they have the debt secured by. Garnishments are generally allowed for debts you are failing to pay as you swore and agreed you would. There is a process to follow that leads up to a garnishment being allowed, but essentially, if you won't pay your obligations - it is one of many ways that can be used by those you owe to get what they legally are due and you owe. Getting an attachment to property - essentially having a court agree to make the loan a secured loan to something - and then seizing and selling that item is another.
Add your answer:
Earn +20 pts
In Pennsylvania can a creditor garnish your wages or levy your bank account?
They can levy bank accounts in most cases, they cannot garnish wages.
How will you be able to pay your bills if they garnish your check and you still need more money to make all your bills?
Most states, and even the federal government, will impose a limit on the percentage of your wages that a creditor can garnish. It may not leave you with enough money in your mind, but the intent is that you have something with which to eat. Most states, and even the federal government, will impose a limit on the percentage of your wages that a creditor can garnish. It may not leave you with enough money in your mind, but the intent is that you have something with which to eat.
Can a creditor garnish your federal taxes to cover a defaulted car loan?
Not Unless It Was Court Ordered. Child Support & Student Loans Can Be.ANSWER: If a garnishment order is sent by the courts to garnish your wages your employer will most likely comply with the order. If some nut bag creditor tries to garnish your federal taxes it is unlikely the IRS will comply. As far as the IRS is concerned is that is their money and they intend to keep it.
Can a hospital garnish your wages due to an outstanding balance My insurance paid most of the debt?
No...they do not have the right to garnish wages unless you signed a consent form agreeing to such.
How long does it take a creditor to garnish your wages in Maryland after court proceedings?
Once a judgment is issued, the defendant has 60 days to pay it, in most states. After the 60 days your wages will be garnished. It all depends how soon your employer is served the wage garnishment papers.
Can my check be garnished for foreclosure?
It cannot be garnished "for foreclosure," but if there is a deficiency after the house is auctioned - as is usually the case - the creditor can sue for the balance due and garnish wages just like any creditor in MOST states. Some states limit the foreclosing entity to the proceeds from the auction.
Does a creditor have to have a court order for garnish a bank account?
In most cases, yes, a creditor needs a court order to garnish a bank account. The court order allows them to collect part of the debtor's wages or funds in a bank account to satisfy a debt. However, specific laws and regulations can vary by jurisdiction, so it's best to consult with a legal professional for advice tailored to your situation.
What will happen if you do not show up for court when being sued by collection agency or credit card company in the state of Texas?
What may happen is the court will give the "Creditor" the ruling to Garnish Wages. Its a good idea to WRITE a letter to the creditor or Collection agency and see if you can reduce what you owe. You can negotiate a lower payment. Make sure you can afford that payment. What may happen is the court will give the "Creditor" the ruling to Garnish Wages. Its a good idea to WRITE a letter to the creditor or Collection agency and see if you can reduce what you owe. You can negotiate a lower payment. Make sure you can afford that payment.
Does a creditor have to take you to court before they garnish your wages or can they get a judgment against you without you knowing it?
A creditor must take a consumer to court in order to begin the legal process to garnish wages. The exact procedure for this process depends upon state laws. Most statutes require the plaintiff in a court case to make a reasonable effort to contact the defendant. This can entail sending a written notice to a last known address. Thus, it is possible to have a default judgment granted against you without your knowledge.
Can Simms Associates garnish your wages if they said they could in Texas?
Texas does not allow wage garnishment for creditor debt in most cases, but has amended the statute to allow for certain exceptions. The state has always allowed garnishment for child support, federal and state back taxes, federal or public funded student loans, and in some cases spousal maintenance (alimony). The law now allows for creditor remedy by garnishment if the debtor does not have sufficient nonexempt property to pay the debt, (such as a bank account or real property) the creditor may petition the court under TX.Code, 63.100 for a wage garnishment. The other exception is, if the debtor is employed by an out-of-state company, the judgment creditor can then garnish the debtor's wages under the company's home state laws.
What payments may you have to make if your car is repossessed and can they garnish wages?
Payments are the entire balance due after the lender sells the car and YES, in most states they can garnishee your wages.
A credit card I had has been referred for collection. I set up a monthly payment arrangement which I defaulted on. They are offering me a settlement but it needs to be paid by a credit card today. If not today, they want to garnish my wages. Can they?
Garnishment is a last resort of creditors and in most cases cannot happen overnight. The garnishment process has to be brought before a judge and he or she has to agree to its implementation. A creditor cannot garnish your wages without first giving you notice. The amount of lead time and the exact process vary from state to state. Talk with your creditor about other solutions remember for them wage garnishment is a last ditch recourse
