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garnishment of wages

Date: Sun, 09/24/2006 - 12:34

Submitted by dbaker6
on Sun, 09/24/2006 - 12:34

Posts: 1600 Credits: [Donate]

Total Replies: 3


I'm really in a mess. I don't know if this is the appropriate place for this or not, but if anybody has had their wages garnished, please give me any input you may have. I lived in a townhouse where the landlord was a real "slum lord." It was in a nice neighborhood, and the outside of it looked great. The inside wasn't too bad, but I lived there for seven years, and he did as little as possible to it. I drew the line at toilet water running into stuff that I was cooking on the stove. That's just to let you know how bad it was. The first year I lived there, it didn't need any repairs, and I paid the rent like clockwork every month. Then when he started getting lax about making repairs, I started getting lax about paying the rent. I paid it, but it was late. I figured if he didn't hold up his end, why should I? I know that was the wrong attitude to have and I should have put it in escrow long before, but I thought if it ever went to court, the court would side with me due to the way he handled any repairs it needed. Anyway, I told the office the day before I moved that I was moving out. (I've never done this before. I've always been on time with my rent and never had problems with getting repairs done). I contacted a lawyer who told me I would probably have to pay since I didn't put it in escrow. I called the owner (who happens to be a lawyer) to discuss payment arrangements. He agreed to $100 every payday, if it was done electronically, which I agreed to. The amount was more than I thought I owed, plus he tacked on court costs and interest). Anyway, he was taking it out when he felt like it (sometimes the day of my payday, sometimes not until right before the next pay day). Anyway, things went fine until I had problems with my payday loans, in which case one of the landlord's transactions bounced. I contacted him immediately by phone and left a message to call me so that I could get the money to him another way. I never heard anything. But the next pay day, the $100 came out and continued that way until I received this notice of garnishment. There was a card you could mail in to dispute it. I mailed it in, and this is where I have a question. If I missed that one payment, but he continued to take payments out after that, would I have a leg to stand on against the garnishment that the court has already ordered? Any insight would be a tremendous help.


Hi,
I file garnishments at work, so I can definitely help with this one.

First of all..It does not matter what state you live in. Garnishments are federally mandated. Unless you live in Pa, the carolinas, or Texas, You can and will be garnished 25%. Period. Federal law.

Your landlord has every right to garnish you, I'm sorry to say. You can try to dispute it, but it's a non-consumer debt. Your landlord has the upper hand on this one.

My advice to you is to keep trying to get ahold of him. He can drop the case if he wants to, but you will have an additional several hundred dollars tacked onto your bill. The thing is, if you convince him to drop it and you default again, garnishments can begin without notice. Your other option is to go before the magistrate and plead your case. They probably won't drop it, but you may be able to get the payment amount reduced.

A lot of people will tell you that they have been able to fight garnishments and win, but that is generally with a consumer debt, such as credit cards. This is a seperate animal. If you have any questions, please pm me..I might be able to give you some advice.


lrhall41

Submitted by finsfan13 on Sun, 09/24/2006 - 12:44

( Posts: 6919 | Credits: )