0
Income Garnishment
The withholding of a portion of an employee's wages due to a court order in conjunction with a lawsuit decided against the garnishee.
2,572 Questions
Can a loan company file a judgment in Texas?
Any creditor who is owed money and for whom the contract has not been honored by the borrower can file for a judgment in Texas and every other state of the US. Whether or not the creditor will receive that judgment is a matter up to the courts, however the judgment typically goes in favor of the creditor.
How long does a loan company have to put a garnishment on your bank acct for a reposession?
They can begin the garnishment when they have court order. It won't end until they get all the money owed, you settle the debt with a buyout agreement or it is included in a bankruptcy.
Can a credit card company garnish your money from your bank account with out your knowledge?
Strictly speaking, a 'garnishment' refers to the direct deduction of an individual's wages directly from their pay, through an arrangement with their employer and pursuant to a court order. So, it would be pay that is 'garnished.'
Access to a bank account may be far less difficult to obtain. A credit card company may have included clauses in their cardholder agreement by which the cardholder (ie, you) consented in writing to the direct collection of funds from a bank account; this would usually either be a specific 'automatic payment' option which the account holder elected (ie, to make the payment on a specific date each month), or by a default agreement written into the contract. In either case, the cardholder's failure to read the fine print would be to blame for such a debit.
So, although this might literally be 'without the cardholder's knowledge,' it would technically be 'with the cardholder's knowledge,' since this is precisely what the account holder agreed to (or even requested), in writing.
If this is no longer desireable, the credit card company should be notified in writing that such authorization is revoked. One's bank may or may not refund the charges. If such authorization is not considered revokable (according to the credit card company's terms of service), then they may continue such debits. Banks are usually reluctant to refund direct account debits, although many do. The ultimate solution is to close the bank account and open another.
For this reason, many companies prefer automatic check debits, as opposed to credit or debit transactions drawn on bank accounts; It is very easy to delete and reissue a debit (credit) card drawn on a bank account. It is more difficult to close and re-open a bank account, and a consumer is likely to have pending checks that must clear before the account can be closed, and at least a small cost to replace checks drawn on the (now) non-existent account. That makes it easier to get away with the debits; it may be easier and less costly for a customer to just allow the debits.
Consumers should never provide their bank account numbers to anyone, for any reason. Payments should be made via debit card number. That way, individual charges can be contested or reversed without the hassle of closing and re-opening accounts. Debit cards can even be re-issued with new numbers without changing the source account numbers.
Now, all of that notwithstanding, if a debit is indeed 'without authorization,' then this would be wire fraud, and should be reported to law enforcement.
Can the State of California garnish your wages twice?
Yes if the total owed was not recovered from the first garnishment, and they can keep hitting the account or paycheck until the debt is paid.
Can an IRA fund account be garnished in a lawsuit?
Generally IRAs are protected from creditors, and bankruptcy reform back a few years ago put them into the same category as pensions and annuities, which are exempt from seizure under federal bankruptcy law under 11 USC 522(d)(12) up to $1-Million in total value.
On a State level there are some variations on if a Civil Judgment could attach to these types of retirement accounts. I would suggest that you talk with an attorney in your State for the fine details has there are many factors that can effect your defense on garnishing the IRA.
How much of your check will be taken if your wages are garnished?
Wages garnishments are obtained by an order of the court after other means of collecting upon a judgment have failed. The limit of how much can be taken in a wage garnishment depends on your state, and you should receive a copy of the Motion for Wage Garnishment that typically lists the percentage of your wages they are seeking to take.
For example, in Florida requires creditors to serve a notice of rights to the defendant upon receipt of the employees answer with a form for the defendant to fill out to claim exemptions prior to anything being touched. If you update your question with your state I can provide you with the rules.
Maximum garnishment for alimony in Illinois?
what is the maximum percentage or $ for garnishment of wages for alimony in illinois. I have fully completed child support and am continuing to pay for their colleges. I am trying to get alimony lowered but having a difficult time.
Can your wages be garnished if you are on government assistance?
If you have a job on top of the assistance, that money can be garnished. Anything you might get back for income tax refund can be taken also. The government assistance can't be garnished.
How many payroll garnishments by creditors are allowed?
One at a time, but that just means that additional garnishments will be done after the first one has expired or is paid in full.
Is it legal for your wages to be garnished in Florida?
Yes. If someone has gotten a judgment against you & you have failed to pay them, they can file for a wage garnishment also.
Email wajasmoderator@gmail.com about it.
What happens if a creditor garnishes after filing bankruptcy?
I assume you mean after YOU filed bankruptcy (the creditor's filing bankruptcy doesn't affect your garnishment, except maybe to change who's "garnisheeing"--NOT "garnishing"--your wages). If so, contact your attorney so he/she can bring the creditor into court for violating the automatic stay.
Can a bank account be garnished if you have someone else on your account in V irginia?
Yes, as both account holders both own all of the assets deposited within the account, and regardless of who deposited what.
In the state of North Carolina can wages be garnished for unpaid medical bills?
Yes, any debt can eventually result in wage garnishments, however it requires a court order that can only occur in a post-judgment lawsuit.
Can a creditor still charge interest rates if they are garnishing your wages?
If you have a garishee against your salary can the creditor still charge interest.
Thanks
Theo
Can a minor's bank acct be garnished?
No, a minors bank account can not be garnished, if they are the only person on the account. If this is a joint account and the non-minor is subject to a judgment then it can be levied or garnished.
No, under Federal law most Federal benefit payments like Social Security benefits, Supplemental Security Income benefits, Veteran's benefits, and Railroad Retirement benefits are not subject to garnishment. They are exempted funds when deposited in your bank account and only lose that status if moved into any type of investment product, even a bank certificate of deposit (CD).
If a minor defaults on a loan does the guarantor have to repay the loan?
The guarantor is liable to pay the entire loan on demand of the creditor plus any collection fees.
Why would the government freeze someones assets?
To stop the individual from disposing of his or her assets by transferring the title to property to someone else or removing funds from bank accounts and things of that nature.
Such action when it relates to governmental agency is generally done due to federal or state tax arrearages or possible the state's child support enforcement division for support arrearages.
Can wages be garnished for not paying credit card?
No, wages can be garnished by an order of the courts for any type of debt. However the credit card company or collections agency MUST first file a lawsuit, obtain a judgment, and then file a motion for garanishment of wages providing the courts with your employers information.
Any collections agency telling you that if you do not pay them, that they will garnish your wages is breaking the law, as they can not make threats that they do not have the ability or intentions to do. If that is the case I would contact an FDCPA law firm has you may be entitled to damages for the violation.
Can you legally be paid without filling out a W-4 form?
yes but its single and 0 period and this is required if you partially complete or do not sign the form physically with pen & ink or a digital signature
If you owe state taxes in Louisiana can your wages be garnished in Florida?
Yes, where the judgment or order for garnishment comes from is not a point for not following the courts order. Most employers when they receive a court order for garnishment just comply.
If your not a State or Federal Agency, then you would need to file a lawsuit, win a judgment, and file a Motion for Garnishment with the courts, and typically you must know the information of what you are seeking to garnish.
Yes, joint bank accounts are subject to garnishments or levy for debts of any or all of the account holders and regardless of who puts the money in.
