Internet's first get-out-of-debt community - 136,000 members

Guest · Posted: Wed Nov 28, 2007 8:06 am Subject: Jackson Philips

I have also been contacted by Jackson Phillips they said I owe 678 from a year ago and that it had to be a one time payment. Or they will get a court order to take up to 60% of may wages until the debt is cleared

Posted: Wed Nov 28, 2007 8:08 am Subject:

In order to garnish your salary they would need a court order. I dont think that they can take 60% . It seems like a lot. Is the debt yours? have you had it validated?

With the exception of a few obligation types, e.g., student loans, wages cannot be garnished without a court order. In some states, PA & TX, e.g., wage garnishment is forbidden and so is its false threat. (Wages can be garnished by federal law over state law regarding student loans.)

A consumer who is falsely threatened with wage garnishment in excess of the federal cap violates the fdcpa. Some states, NJ, e.g., limit garnishment to 15% of disposable wages (gross - required deductions).

If you are a PA or NJ resident experiencing false collection threats, please email me.

Posted: Wed Nov 28, 2007 10:43 am Subject:

I think the highest cap for any state is 25%.

Posted: Wed Nov 28, 2007 10:55 am Subject:

Under the Consumer Credit Protection Act, a consumer debtor's wages can only be garnished to 25% of disposable income (gross - required deductions). The CCPA also forbids employers from discriminating against consumer debtors who have ONE garnishment. The law does not protect those consumers whose creditors are trying multiple garnishment. (Employer can only deduct one garnishment at a time; other creditors have to wait their turn.)

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