Repossession
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You lost your job and in North Carolina is it legal for them to take wages when you do get a job for letting your car go back?

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2008-05-11 13:06:43
2008-05-11 13:06:43

== == Regardless of your employment situation, you still OWE for the car after it is repoed. The lender can sell it, to get some money out of it, BUT if the sale brings less money that YOU owe, they can still go after the balance that YOU owe, by attaching a court order for some of YOUR wages until the debt is PAID OFF. The reason I used capital letters above is to underline that it is YOU who have to take responsibility for YOUR actions, such as signing for a car loan.

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North Carolina permits wages to be garnished in very limited circumstances. Wage garnishments are allowed for unpaid income taxes, court ordered child support, child support arrears, and defaulted student loans. Other creditors cannot garnish wages in North Carolina.

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The following information came from the NC Dept. of Labor website. Wage garnishments are legal in North Carolina if a North Carolina court or federal court issues a court ordered garnishment for specific items such as, but not limited to, taxes, student loans, child and spouse support, and payment of ambulance services in certain North Carolina counties. The North Carolina Wage and Hour Act (WHA) recognizes legal garnishment court orders in N.C.G.S. 95-25.8(1): "An employer may withhold or divert any portion of an employee's wages when: (1) The employer is required or empowered to do so by State or federal law, ..." Generally, wage garnishments by banks and loan institutes for car loans, credit card debt, and other personal debt items are not legal in North Carolina.

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It is not clear when the minimum wage will go up in North Carolina as it was not among the ten states where the minimum wages will go up.

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No They can not.....you are in one of the safe states. Texas and North and South Carolina along with Pa are safe states that can not garnish wages.

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North and South Carolina, Pennsylvania and Texas. The exceptions to wage garnishment in these states are..taxes, child support, Federal student loans, court ordered fines or restitution for debt incurred by a criminal act. According to the North Carolina Department of Labor's website, North Carolina Courts cannot order garnishments for debts other than taxes, child support, and student loans. However, if a court outside of North Carolina orders a garnishment for wages based on a judgment for credit card debt, North Carolina employers must honor the garnishment. Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items. While the North Carolina courts are not permitted to garnish wages based on these debts, creditors in other states may be able to get an order of garnishment under their own states' laws. It is not a violation of the North Carolina Wage and Hour Act for an employer to withhold an employee's wages if required to do so by law. If a court from another state issues a valid order under that state's laws requiring an employer to withhold a North Carolina employee's wages for payment of a debt, the employer does not violate the North Carolina Wage and Hour Act by obeying that order.

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Yes, as soons as your social security number is located in the department of labor system, you will be garnished.

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Answer South Carolina, North Carolina, Pennsylvania and Texas, you are correct on Texas.

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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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The quality of jobs in North Carolina are lacking. Most jobs are fast food or retail positions where little to no experience is necessary. This leads to lower hourly wages.

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My understanding is that NC garnishes wages ONLY in the cases of taxes and child support.

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No, wage garnishment in NC is only for taxes, child support

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No, they can only be garnished for taxes, government services and child support arrearages.

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AnswerAt present four U.S. states ๏ฟฝ North Carolina, Pennsylvania, South Carolina and Texas ๏ฟฝ do not allow wage garnishment at all except for debts related to taxes, child support, federally-guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed. Several other states observe maximum thresholds that are lower than the 25 per cent maximum provided by federal law. All other states allow wage garnishment for all money judgments. According to the North Carolina Department of Labor: North Carolina courts cannot garnish wages for credit card debt. However, if a court from another state issues a garnishment order for credit card debt, North Carolina employers must enforce the out of state garnishment order.Here is the exact text:Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items. While the North Carolina courts are not permitted to garnish wages based on these debts, creditors in other states may be able to get an order of garnishment under their own states' laws. It is not a violation of the North Carolina Wage and Hour Act for an employer to withhold an employee's wages if required to do so by law. If a court from another state issues a valid order under that state's laws requiring an employer to withhold a North Carolina employee's wages for payment of a debt, the employer does not violate the North Carolina Wage and Hour Act by obeying that order.

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Yes a lender can garnish your wages after a repossession. If the resell value of the item does not cover the cost needed to repay the lender, you are still responsible for paying the balance.

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N.C. law does not allow wage garnishment when it concerns creditor debt. Be advised though, the creditor can take legal action to seize other non-exempt property belonging to the debtor.

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Wages cannot be garnished for credit card debt in South Carolina. They can be garnished for unpaid taxes and child support.

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No, N.C. law does not allow wage garnishment when it pertains to credit card debt.

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When a creditor garnishes your wages they can only take a certain percent. Then when another creditor comes along they cant garnish your wages to because the first one is already taking the maximum allowed.

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This is an entry level position, so wages tend to be minimum wage up to about $10 per hour, with annual wages depending upon the number of hours worked.

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Yes. N.C. does not allow wage garnishment for creditor debt. It does allow garnishment for court ordered spousal maintenance and/or child support.

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Yes. The lender can file a lawsuit in the debtor's state and if awarded a judgment can execute it as a wage garnishment.

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If a person has a legal financial judgment against them they can have part of their wages taken by the court. Their wages are garnished and they are the garnishee.

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Yes, Texas, Pennsylvania, South Carolina. North Carolina does not have a law directly prohibiting wage garnishment, but the specifics of the garnishment law make it nearly impossible for such action to be taken.

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