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Posted: Fri May 19, 2006 11:17 pm Subject: need info on garnishment

i've been threatened by these wonderful pdl's.to garnish my wages. and emailed me a copy of a email they sent to my hr. dept.just asking for info on me. but i was just wondering do they need a court order first. and how much per pay period would they get if they could.

Posted: Sat May 20, 2006 6:54 am Subject:

Olive,
They absolutely cannot garnish you without a judgement..period. It would be wise to send a wage assignment revocation letter, though, to cover yourself. And..In the event that they do get a judgement against you to garnish, federal law only allows maximum 25% of your net earnings to be garnished. They may try to tell you differently, but that's not true. The ONLY way more than 25% can be garnished is if it's for child support, back taxes, or in some cases criminal judgements.

Posted: Sat May 20, 2006 6:54 am Subject:

It varies by state, but I think generally they cant usually take more than 25% of your net pay. What state do you live in? You maybe well advised to write them a letter revoking any previously signed wage garnishment authorization and send a copy to your HR department. They may still try to garnish your wages, but this step will make it much harder on them. Most wage garnishment authorization PDL'S use aren't legal anyway.

Posted: Sat May 20, 2006 10:13 am Subject:

The payday loan lenders cannot threaten with court actions unless they are willing to do it. The federal and state laws do not allow making false threats for recovering the total.

It will be good for you to keep in touch with the local clerk county and see if any summons has been filed against you. A legal summon will also be reported in your credit report. Unless the lenders are up to it, they are violating the laws by making the threats and you should consult your attorney.

Read some of the threads below for the views put by VLD in tackling such situations

http://www.debtconsolidationcare.com/forums/after-defaulting.html

http://www.debtconsolidationcare.com/forums/nsf-statute.html

Posted: Sat May 20, 2006 11:10 am Subject:

Olive,
I work in hr..Here's another thing for you to consider. If your employer does receive a writ of garnishment for you, they more than likely will not honor it for 28 days. You MUST get a copy of this judgement by us mail, and your employer MUST also provide you with a copy of it. Your employer doesn't have to wait 28 days to start garnishment, but they have to give you reasonable time to receive notice and dispute it. That's another thing..Garnishments can be disputed. You can go to the county courthouse and fill out some paperwork that claims that the garnishment is excessive and you can't afford this. You'll have to provide proof of income and such, but I have seen garnishments greatly reduced this way. You can also call the creditor and ask for another chance..You will have to pay extra fees for the court costs, and you'll have to make good with a payment immediately, probably by western union, but I have seen a lot of cases where the garnishment has been dropped. Anyway, usually companies garnish for much bigger amounts, it does cost them a bit of money for the judgement in the first place. But..You have to send a wage assignment revocation letter. Honestly, some HR people don't know the difference between that and a garnishment.

Posted: Mon May 22, 2006 10:52 pm Subject:

BMT Promo · Posted: Mon Jun 05, 2006 2:35 pm Subject:

They can not garnish wages without a court date and a judgement. Once I went past 90 days late with any creditor, they always threatened "To garnish your wages".

The one creditor that did take me to court, it was after 1.5 years of non-payment.

When they threathen that over the phone, you need to let them know that it is against the FCRA to do that.

The point is, the fact that they contacted your employer is probably in violation as well.

Write them a letter asking them NEVER to contact your work, and they must stop.

You will get a summons if you are requested in court.
But that will be in a long long time.

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