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I'm asking this question for my Cousin who lives in Iowa.

Is there anyway to stop a wage garnishment without filing for bankruptcy. My cousing received a phone call on Friday saying they were going to proceed with the garnishment, but if she was able to make arrangements please give them a call. Well she was going to call them the folloing Monday and when she got her check that Monday 200 was gone for the garnishment. She knew they were trying to sue her but things kept getting held up because the Midland Company didn't have their stuff together. They also kept telling my cousin to call, but they would never return her calls. Why would they call her on Friday telling her to call for arrangements knowing they were already getting some of her money. She wants to pay them, but she can't afford to have her wages garnished. Is there anyway to prove that this is causing financial hardship. She has two young kids to take care of and she she is already two months behind on her car payment. When she gets paid again, the next 200 will make her short on rent. I heard somewhere that a "CLAIM OF EXEMPTION" can be filed. Does anybody know anything about that and how it works. Any thoughts or suggestions would be helpful.

Posted: Tue Oct 24, 2006 7:53 am Subject:

First of all, a garnishment is something the courts can only order. Did she miss a court date?

If you are talking about wage assignments, then those are totally voluntary, and she can revoke that at any time. For those even to be considered legal in court, they have to be signed by both parties in person. Not faxed back and fourth to each other.

Who is garnishing her wages? How much is owed?

She should type up a letter immediately if this is an assignment and send it out to them revoking their rights. She should also consult with her payroll, explaining that she is revoking their rights on the assignment. Does she work for a union? Usually payroll will contact you immediately once when something like that comes through unless you work for a union.

Let us know if there is any addtional information we can help out with.

Regards
Mike

Posted: Tue Oct 24, 2006 8:12 am Subject:

It's actually a wage garnishment, she was served the papers in June. When the court date came in July, the Midland company didn't have the proper evidence so the judge gave them 30 days to come up with it. She said the only thing she heard after that was this phone call the Friday before she noticed her check was garnished on Monday. She said she didn't even get a notice form her employer. She works for a nursing home, no union involved. I'm not familar with garnishments, so is this something her payroll should have informed her about. Is it not required for any type of notice to go out to the individual letting them know their wages are officaly getting garnished, no dates or amounts...I guess people just get surprised when they get their checks. Not to mention her account was already overdrawn so she was already screwed. I just don't want her to start up on the payday loan thing, because she has mentioned that already and that's just going to make things worse.[/quote]

Posted: Tue Oct 24, 2006 9:57 am Subject:

Was her first court date only 5 minutes? Was she allowed to present her side? There should have been another summons for her to appear if the judge granted the lendor an additional 30 days to come up paper work.

Maybe she should contact a lawyer regarding this matter. If her employer received documentation to start withholding, then a talk won't help much. I work with payroll, and when employees find out about it for the first time, I tell them they need to contact the courts, because they should have been notified.

Regards
Mike

deborah kessler · Posted: Mon Nov 06, 2006 3:36 pm Subject: what do i owe midland funding for?

what do i owe midland funding llc for? i received a bill for 464.41...what is this for?

Posted: Tue Nov 07, 2006 6:35 pm Subject:

First off does your cousin have any idea what she owes? Secondly her employer has to inform of her wage garnishments before setting up payments. Also most states have a percentage law on how much can actually come out of the check for garnishments.

This happened to me with a dental bill that was a mess. My employer took the lowest % possible for the garnishment.

Posted: Tue Nov 07, 2006 6:38 pm Subject:

garnishments are federally mandated. For a consumer debt like this, the garnishment will equal 25% of disposable wages, which is after taxes and any voluntary deductions such as 401k, profit sharing, or insurance. This doesn't vary state to state.

Posted: Tue Nov 07, 2006 7:04 pm Subject:

Well according to laws here (and state laws supersede federal often times)I had the choice of what percentage to pay out of my wages on the debt not what I made.

Posted: Tue Nov 07, 2006 7:12 pm Subject:

Then this was the creditor's decision. I work in Hr/payroll, and trust me, you WILL be garnished 25%, period, unless the creditor decides otherwise. You got lucky...I think in my 6 years I have only seen a writ for a consumer debt at less than 25% maybe once. A state law will not supercede this..There are NO state laws on court ordered writs..They are mandated by the federal government. Trust me.

Posted: Tue Nov 07, 2006 7:25 pm Subject:

Also, another reason you may've been garnished less than 25%..If your income is less than 30x the minimum wage they'll adjust the amount..Usually down to 15%, I believe...Also, if you are a single parent or provide more than 50% of your household income and have a dependant..child or parent..A few states will adjust the percentage, I think between 10% and 20%, if I remember correctly from training..Florida is one state that does this. This was decided by a supreme court ruling in the 80s.

Posted: Tue Aug 14, 2007 5:51 pm Subject: Wage Garnishments

Can you tell me what the maximum wage garnishment is in the state of Missouri? I had a gambling problem that is now under control, I am in counciling and believe I have it whipped. But, before I got to this point I ignored some credit card companies and now am facing the punishment. The total is under $3000, but, by the time they get their fees tacked on it is more like 7k. They are already hitting me for 15%. I am single with no children and make $48,000 per year. Thank you.

Posted: Tue Aug 14, 2007 6:12 pm Subject:

Max garnishment is 25% for consumer debts in all allowable states. If it's a hardship, you can file a tort claiming this, but you will have to provide a lot of info, such as a proposed budget, check stubbs, and copies of w2s. I have never seen a garnishment dropped, but I have seen them greatly reduced. If you have 15% right now, though, I seriously doubt you'll be able to get a debt that size any lower.

skittlebittie · Posted: Tue Sep 04, 2007 3:04 pm Subject: Law Suit Filed by Midland Funding LLC

Hi,
I have just recieved a citation saying I am being sued for just over 5,000.00 that I owe on a loan. What are the steps that I have to take now? Can I deal directly with the creditor, or do I have to go through the court system?

Thanks

Falana

i am wondering if i should get involved in going after these 'lawyers' and this corporation, Midland Funding LLC. i looked them up on google and it turns out that alot of folks have had some hanky panky to report about the company. i guess they are a bit shady and posing as a legit law firm. i have a court date to dispute them freezing my bank account and trying to garnish my wages, i am saying that i wasn't properly served etc...but now i am wondering if it is a bigger case because they tend to do things illegally????

Laurenk · Posted: Tue Nov 20, 2007 10:41 pm Subject: midland

Hey I've had a bill from Midland for about 2 years supposedly from SBC the phone company in Springfield, MO I have ignored it because I have only found negative info on the company. They are trying to settle for 80.00 which is no big deal seeing how it's effecting my credit but does anyone have any adivice? email me at email address removed as per forum rules - Mike

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