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Wage garnishment - How and when it can happen



Under the FDCPA, collectors can contact a third party such as your employer or neighbors only if they have not been able to locate you. But, they are not permitted to disclose the amount of the debt to anyone. However, they may be able to get your wages garnished.

Your wages can be garnished if your state law permits it and your creditors can secure a judgment from court. It is also important to note that your paycheck can't be garnished if the state in which you reside doesn't allow wage garnishment. Every state and the federal government limits the amount of money that can be garnished from your paycheck. Every state permits garnishment for debts to the government, child support, and alimony.

So, if a lawsuit has been filed against you for a debt, it is advisable that you get help from an attorney as soon as possible. If you don't appear in the court, the plaintiff can obtain a default judgment against you. The court may then issue a wage garnishment order to ensure you repay your debts.



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Anonymous
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Sub: #1 Wage garnishment - How and when it can happen
Replied on 11-04-2008, 06:27 AM
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I heard GE money sent letters to your employer try to garnish your wage, can they do that?




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Sub: #2 Can creditors contact to your employer and garnish your wages?
Replied on 11-04-2008, 07:20 AM
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Are you referring to GE Money Bank? They would not be able to garnish wages without first obtaining a civil judgement and then, only if your state allows garnishments.

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Sub: #3
Replied on 11-04-2008, 09:25 AM
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Yeah, GE Money bank. I owe them 3K. So if they can obtain a civil judgement, they can garnish wages.. Can you explain more about civil judgement? I live in Ca. Thanks




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Sub: #4
Replied on 11-04-2008, 10:01 AM
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A creditor has a time limit (4 years in CA) to sue you for defaulting on a debt. If you lose or don't show up, then they a re granted a legal judgement which can then be enforced thru the court system. \
Here is some info the Payday loan laws for CA (just select your state),
http://www.debtconsolidationcare.com...pdls-laws.html

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Sub: #5
Replied on 11-04-2008, 01:04 PM
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I got the letter of Notice Of Default from Wells Fargo Bank, within 10 days I have to pay the default amount due. So If i don't pay they will take me to court?




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Sub: #6
Replied on 11-04-2008, 01:55 PM
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That is a possibility. More details please.

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Sub: #7
Replied on 11-04-2008, 02:15 PM
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I owe them 14K, after late fees and late payments, it is 18K in just 3 months late. The whole letter says: Notice of Default
We are writing to notify thta you are in DEFAULT of the credit agreement for the above-referenced credit card account. It si important you apy the DEFAULT AMOUNT DUE within 10 days of the date of this letter. Failure to make payment may results in Wells Fargo exercising its rights under the law in the collection of this debt. Please send the DEFAULT AMOUNT DUE to our above letterhead address.

So what can I do now? I have Care One Credit take care of my debt settlements nowt, I just paid 1 month (start 10/13)
Scaryyyyyyyyyy.Please advice. Thanks.

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Sub: #8 Creditors contacting a employer ... neighbor... relative.
Replied on 11-04-2008, 07:03 PM
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A bill collector may contact your relative, neighbor, or employer as log as the id themselves by name – not by the name of their employer. Example DEADBEAT DEBT COLLECTOR! He must mot mention in any way that you owe money but that he is confirming location information only! He may never disclose to another person that you owe a debt. He is allowed to contact a third party such as a neighbor or relative only one time, unless they request that he call back or the creditor has good reason to believe that they purposefully withheld information. -- As you can see their is a lot of grey area there...




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Sub: #9
Replied on 11-05-2008, 04:47 AM
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Unfortunately this is not a 3rd party collector, this is the OC so they are not bound by the same restrictions under the fdcpa. I'm not up to speed on CA's state laws but there may be some protection for the consumer when dealing with the OC. See the link to the Rosenthal Act I posted earlier.

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Sub: #10 Can payday loan companies garnish my check
Replied on 01-21-2009, 10:40 PM
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i have a few payday loans that i haven't paid and when i got to work today i was called in by the HR Assist and was told that a payday loan company is trying to garnish my check is that possible ? I live in Texas and i don't think thats legal can someone please help!! they gave me a 48hr time limit




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Sub: #11
Replied on 01-22-2009, 12:12 AM
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Garnishment is Texas is illegal. Payday loan companies however use Wage Assignments and I am not sure how Texas deals with those. However, those are completely voluntary and all you have to do is sent a certified letter to the lender revoking their right to assign your wages and send a copy to your payroll dept. I will see if I can find any info on Texas laws for those.




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Sub: #12
Replied on 01-22-2009, 12:29 AM
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Seems Texas follows federal laws about it, so if you send the letter revoking it, you should be fine.

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Sub: #13
Replied on 10-09-2009, 05:13 PM
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Can ge money garnish your wages in miami fl


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Sub: #14
Replied on 10-09-2009, 08:05 PM
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There will have to be a court order before anybody can garnish your wages..now if your talking wage assignment that can be rovoked. But Florida also has exemption laws in place if your are head of household. Check out this link and the exemptions are listed under 77.041
http://www.flsenate.gov/Statutes/ind...3EChapter%2077

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ILLINOIS LICENSE SEARCH / CONSUMER CREDIT / GUIDE TO PAYDAY LOANS
http://www.idfpr.com/dfi/ccd/ccd_licensees.asp

ILLINOIS PAYDAY LOAN LAWS
http://www.paydayloaninfo.org/state_detail.cfm?id=IL

WISCONSIN PAYDAY LOAN LAWS
http://www.paydayloaninfo.org/state_detail.cfm?id=WI

WISCONSIN LICENSE SEARCH
http://www.wdfi.org/fi/lfs/licensee%5Flists/

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Sub: #15
Replied on 12-17-2009, 11:24 PM
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My payroll check is being garnished by CBE. I have never been to court nor have I seen a court order. Can they do that?


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Sub: #16
Replied on 12-17-2009, 11:40 PM
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First, you should contact your payroll department for a copy of the withholding order. It should be a court order, and will show which court ordered the garnishment. Then, you can contact that court regarding any the case & judgment against you.

If there is indeed a judgment against you, then most likely it was by default for your failure to appear. If that is the case, you will have to research a little bit into how they claim you were served, and what the rules are for service of a summons. If you weren't properly served, there is a legal process to vacate the judgment. BUT the process is different for every court, it gets very technical/legal and is best handled by an attorney.

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