Generally yes. They are not double-dipping. They have a judgment against you and are allowed to take money from your bank account. PLus, they have a wage garnishment order against you and can deduct from your pay check. They can continue taking from both SEPARATE places until the judgment is satisfied in full. You may be able to stop your direct deposit and change banks to stop account deduction for a while. Don't recommend quitting your job though to avoid the garnishment. Assess your total debt load; you may want to file bankruptcy. * No. A garnishment can only affect wages either through direct withholding by the employer or by levying a bank account in which the wages are automatically deposited. If this is being done you should contact your employer and the court where the garnishment judgment was issued. Likewise, garnishments must run consecutively not concurrently, meaning only one wage garnishment at a time from one creditor. The exception is, that the withholding of child support or spousal maintenance from wages is not considered a true garnishment. Therefore a creditor garnishment and a garnishment for child support or alimony could occur simultaneously.
If a judgment creditor over charged you on a writ of garnishment increasing the interest and the amount to be garnished can the judgment be vacated?
Yes, a judgment creditor can execute the judgment as a wage garnishment.
No, wage garnishment by a judgment creditor must run consecutively not concurrently. Garnishment/automatic deduction of court ordered child support is not considered a 'true garnishment', that being the case a child support deduction and creditor garnishment can be active at the same time.
Simple version: The creditor sues the debtor and is awarded a judgment. The creditor executes the judgment as a wage garnishment. The garnishment papers are served on the garnishee's employer. The employer withholds the amount stated in the garnishment order from the named employee's wages until the debt is satisfied or the garnishment order is no longer valid.
The creditor would need to obtain a lawsuit judgment from the Texas court before wage garnishment would be allowed. Texas only allows garnishment of wages when there are no other means for a judgment creditor to collect a debt owed. If a judgment has already been entered against the debtor in a different state, the judgment creditor can place a "foreign" judgment lien against property owned by the debtor.
Not for the same debt, but a wage garnishment can be implemented by one judgment creditor and a bank account levy by an additional judgment creditor.
Not directly. However, in many states, if the landlord obtains a judgment (and a judgment is always necessary for any form a garnishment), the landlord may garnish your bank account. There are several states (NC, SC, Penn., and Texas) which do not allow garnishment for creditor debts.
Yes, Florida allows wage garnishment by a judgment creditor.
Not by creditors. The exception to multiple wage garnishments are, child support, federal or state tax arrearages and in rare cases spousal maintenance. Therefore a creditor could garnish wages at the same time of garnishment by the aforementioned.
Yes, the state allows wage garnishment by judgment creditors.
The creditor or person who is owed money must bring a lawsuit against the debtor in the proper court. If the plaintiff wins the case they will be granted a judgment, the judgment can then be enforced as a wage garnishment against the debtor, in accordance with the laws of the state where it is issued. Please be adivised there are four states that do not allow wage garnishment for the collection of creditor or personal debt owed, they are Texas, Pennsylvania, South Carolina and North Carolina.
If the creditor sues the debtor in civil court and is awarded a judgment the judgment can be executed as a wage garnishment.