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Katherine · Posted: Sat Aug 20, 2005 12:42 pm Subject: Wage Garnishment

I have been waiting for my home refinance to go thru which finally did this past Wednesday. I was in touch with a collector that had a judgement against me telling them that I would be paying them as soon as I get the check that would be made out to them by the refinance company. I sent them the check on Thursday and then just today I get a copy of a request for garnishment from the collector in the mail. What should I do since I just paid them off the balance of what I owed to them? Will this still go to my employer? a box is checked off that says return to paintiff to serve so I am hoping they havent served my employer yet. If they have what is my recourse? Thanks

Posted: Sat Aug 20, 2005 1:26 pm Subject:

Hi Katherine

Welcome to the forums. You can get your records updated if it has not been done so far.

All the balance transfers should be sent to you periodically so that you are informed of the current outstanding balance.

Regards
Roxette

Posted: Sat Aug 20, 2005 1:28 pm Subject:

We should always pay attention towards the interest in the wage garnishment. It keeps on accruing daily.

Guest · Posted: Sat Aug 20, 2005 1:37 pm Subject:

What happens if an employee says that he has already paid the debt or made arrangements? Can an employer stop withholding or ignore the order?

Posted: Sat Aug 20, 2005 1:41 pm Subject:

Hi

If an employee says that he has paid the debt or made the arrangements, then an employer needs to comply with the order until he receives a written Release of Withholding. Federal law [(20 USC 1095a(a)(6)]. It makes you liable for any amount that you should, but do not, withhold following receipt of the Order.

Regards
Roxette

Guest · Posted: Sat Aug 20, 2005 1:45 pm Subject:

Which Federal law regulates the wage garnishment?

Posted: Sat Aug 20, 2005 1:50 pm Subject:

Wage garnishment is regulated under the Title III of the Consumer Credit Protection Act. The employee cannot be fired if his wages are garnished from his pay for only debt.

It is administered by the Wage and Hour Division of the Department of Labor's Employment Standards Administration.

Regards
Roxette

Posted: Fri Sep 02, 2005 8:14 pm Subject:

Thank you for mentioning that point Roxette. I deal with garnishments on a daily basis and it gets frustrating trying to explain to the garnishee why we(as an employer) have to abide by them. A lot of times, the attorney or trustee holding the garnishment takes months to send the employer the release. However depending on the type of garnishment. Whether it is a writ of garnishment etc.... the employer maybe able to release the funds to the garnishee as soon as the release order is received.

Jenni

My husband and I were garnished for $800-$1000 a month. The hospital and their collection agency was the plantiff. while the whole garnishment took place.....the bills were from 1998-2002...we gad to pay interest we never agreed upon because of the judge..then after the money was paid they would not release the money to the attorneys causing more money to come out but I got that stopped by calling someone with the comsumer protection act.....but my big aggravation is the plantiffs collection agency keeps calling us for new bills that were made at the hospital during the time we were garnished. the even called throughout the garnishment....they even said we need to pay those or those would be garnished....that is a down right threat....can they do this while we are still being garnished...call us so much and threaten us??????

Posted: Mon Apr 09, 2007 9:33 pm Subject:

One garnishment at a time, and a judgement is required before garnishment can commence.

Posted: Mon Apr 09, 2007 9:39 pm Subject:

If you ever have any questions on student loan garnishments, all the information you need to know can be found here!

http://www.ed.gov/offices/OSFAP/DCS/awg.employers.guide.html

Posted: Sat Apr 12, 2008 2:32 pm Subject:

Hi, I am gonna get garnished from a student loan and I need advice on how to get my payments lowered or down to paying once a month. They are gonna take it out of every paycheck I get and I cannot afford it.

Posted: Sat Apr 12, 2008 3:03 pm Subject:

tk731_2000@yahoo.com · Posted: Wed Apr 23, 2008 7:14 am Subject: Medical Debt

My husband had cashed an insurance check that was sent to us by mistake. Now we obviously owe that money to the hospital. I have been making monthly payments to them, but they are not satisfied. They want the full amount of the insurance check plus $500 a month for the balance. What can I do? They basically want $3700 up front. We are living on one income which is about $1200 a month after taxes.

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