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A creditor has started to garnish my paycheck. What can I do to stop this garnishment?
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As far as I know, other than filing for bankruptcy protection, which I do not recommend you do, the only way to stop a garnishment is by paying the balance in full.
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Can more than one party garnish your wages at the same time, up to the percentage allowed out of your income? Also, can a debt incurred by my new husband be garnished from my wages. Lastly, can a party attach to my income tax refund?
LB
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LB,
These are all legal questions that I am not capable of answering for you. You will need to seek the services of an attorney for answers. Each state has their own restrictions on garnishment of wages and only an attorney from your state can give you correct answers. You might also be able to get answers from a Consumer Protection Office in your state.
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Can wages be garnished for a VA foreclosure if you work for the U.S. government?
Woody
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Woody,
As we understand, up to 15% of your wages can be garnished to repay the foreclosure balance you owe on a VA insured mortgage if you are employed by the U.S. government.
If you would like more information on the process, you can call the Debt Management Center for VA Foreclosures in St. Paul MN at 1-800-827-0648.
Good Luck.
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I just received notice from my payroll dept that 25% of my disposable income will be garnished effective 31 March. I filled out interrogatories but received the news from my employer and was never mailed anything to my home or served so I had time to reply through the courts. It that legal? Also I am a single parent head of household. Can they garnish 25% per pay period to repay this debt.? I will be living at poverty level. How can I contest this?
Karen
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Karen,
In most states, before a creditor can garnish a debtors wages, the creditor must get court approval. If your wages are being garnished, I can only assume the creditor has court approval and therefore the garnishment is legal. The federal Consumer Credit Protection Act (CCPA) permits a creditor to garnish up to 25% of an employees net earnings.
The provisions of the CCPA are administered and enforced by the Department of Labor, Employment Standards Administration, Washington, DC. If you would like further clarification of this law and possibly contest this garnishment, you can contact them at (202) 219-8743. Good luck.
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If monetary judgment is obtained against military personnel in state court civil proceeding, can he be garnished?
Matthew
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Mathew,
It is my understanding, effective April 3, 1994, wages of the military may be garnished. A judgement must be obtained in the state or county in which the debtor works and service must be made on the payroll office in the location where the debtor works. The only exception to this garnishment might be if the service member is stationed a state that prohibits garnishment.
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Recently I had a credit card balance turned over as an unpaid debt. The last words I had with the creditor was that whoever would attempt to collect this would have the right to garnish my wages because I am working. Is this true? Where can I go to find out exactly what my rights are?
Thanks, GT
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GT,
Yes, perhaps a creditor could garnish your wages to collect on an unpaid debt. Whether they can depends on your specific state laws. Each state establishes their own garnishment provisions. Some states do not permit any type of garnishment except for certain debt such as IRS taxes, government guaranteed student loans and child support. If garnishment is permitted in your state, generally the creditor must obtain a judgment against you in civil court before they can garnish your wages.
To determine what the laws are in your state and whether this creditor can garnish your wages, you will need to seek the services of an attorney. You can also call your state Attorney General office for clarification. Good luck.
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What has to take place before any one can take money from your bank account to collect on an outstanding debt?
Judy
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Dear Judy,
Generally, before a creditor can attach any funds in your bank account, the creditor has to sue you and obtain a judgement against you. With a judgement, the creditor can then go to your bank and demand that your bank "freeze" all funds you have in your bank account. Sometimes a creditor will enter a "default judgement" where a default resulted only because a debtor never knew a suit was started.
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