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hello, i'm back.
well i have a garnishment from all credit lenders
it is only 15% as
per illinois law.
funny thing though,all other pdl's except for
ameriloan,usfast cash, and gfsil stopped there harrasment. could it be that or my
impending ch-7 on
nov 7? can i have
more than 1 garnishment on my
paycheck? thanks

Posted: Sun Oct 07, 2007 11:09 am Subject:

You have a garnishment from a pdl? Was it a storefront and did you have to go to court?

Posted: Sun Oct 07, 2007 11:34 am Subject:

Is this a garnishment from a court or a wage assignment?? BIG difference there!
Ang

Posted: Sun Oct 07, 2007 11:43 am Subject:

And if it was a garnishment, you should have received written notification, either from your employer or the creditor. You have the right to see that letter.

Posted: Sun Oct 07, 2007 11:57 am Subject:

If it is a legal garnishment I know in my state they are only allowed to garnish one debt at a time.

ladybug

Posted: Sun Oct 07, 2007 12:01 pm Subject:

That is also true in the state of IL.

Posted: Sun Oct 07, 2007 12:24 pm Subject:

I get the feeling this is a wage assignment! Shocked

Ang

Posted: Sun Oct 07, 2007 12:46 pm Subject:

Sure starting to look like one! But the employer still needs to notify the employee in writing that they did this--otherwise that employee should go straight to the Labor Board if they didn't get their full pay!

Posted: Sun Oct 07, 2007 5:00 pm Subject:

Actually..If it is a wage assignment, the payroll dept is under no legal obligation to notify the employee of an assignment. It is the ethical thing to do, but there would be no recourse if the debtor went to the labor board.

Posted: Mon Oct 08, 2007 7:34 am Subject:

Fins, Isnt a wage assignment a voluntary thing. It can be revoked. I wonder if we are actually talking about a Garnishment here

Posted: Mon Oct 08, 2007 7:39 am Subject: debt

I don't mean to be 'stupid'.....just curious. What's the difference between a Garnishment and Wage Assignment?? Don't they BOTH come out of your pay??

Posted: Mon Oct 08, 2007 9:27 am Subject:

Yes they do, but in totally different ways. Garnishment is done through the courts. You would be served, have to appear in court and have a judgement against you. Assignment is a voluntary thing, that can be revoked by you at any time. Your employer does not have to honor it either.

Posted: Mon Oct 08, 2007 10:43 am Subject:

...and in addition to what terminal wrote, there are strict state laws governing wage assignments. If the HR dept isnt savvy, they may just honor it.

As an example, in California, if the person is married BOTH husband and wife must sign the wage assignment agreement. I can assure you this rarely happens with a PDL wage assignment.

Posted: Mon Oct 08, 2007 10:56 am Subject: Are you in a chapter 7 Bankruptcy?

If you are in a bankruptcy - no one can garnish your wages. It puts an automatic stay on those type of actions.

Posted: Mon Oct 08, 2007 10:59 am Subject:

good point candy...but we arent sure if he has filed or what...

I dont think Paul has been back Confused

Posted: Mon Oct 08, 2007 12:04 pm Subject:

Have you filed your BK yet? If so, then as candy said, an automatic stay on any collection is given.

If you are just waiting to file until Nov 1, then they could still proceed with the garnishment.

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