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Witholding from paycheck question

Date: Fri, 09/28/2007 - 12:44

Submitted by jbtemtp
on Fri, 09/28/2007 - 12:44

Posts: 41 Credits: [Donate]

Total Replies: 17


Does anybody know if it is legal for a collection agency to take money out of my paycheck in Wisconsin?


I believe Eleroo is correct, they have to have a judgement against you, and send something to your employer. I live in WI also, quite a few years ago I had some credit card debt that I couldn't keep up with, they put a judgement against me and my checks were garnished. But I believe it was my employer that sent the garnished amount to the place the debt was owed.


lrhall41

Submitted by Punkteri on Fri, 09/28/2007 - 13:03

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I have no judgement on me. I am expecting one though.

I was contacted by Zwicker and Assoc. over a year ago about two credit card debts totalling almost 20K.
I never answered there phone calls and only received two letters from them over 8 months. I have not heard anything either by phone or mail in them in almost 4 months. I am assuming that they are going through the court system now.
Not sure what to expect.


lrhall41

Submitted by jbtemtp on Fri, 09/28/2007 - 13:15

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Well, they have to send you a summons, I believe, before they can place a judgement against you. Have you thought about sending them a debt validation letter? I just had a CA contact me at work today and I am sending them a dv letter via certified return receipt mail on Monday. One of the other members pm'd me a great dv letter. I'll be happy to share it with you if you want me to. :-)


lrhall41

Submitted by eleroo on Fri, 09/28/2007 - 13:18

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You will probably be served with papers to appear in court. That's what happened to me, I never did go to court, cause I knew I owed the money, but didn't have it at the time, so I didn't see the point. Of course a judgement was issued in their favor and they garnished my wages it was only about $2,000. If you get served papers you may want to go to court and see if you can work out payment arrangements, for 20K it would probably be cheaper than having your wages garnished.


lrhall41

Submitted by Punkteri on Fri, 09/28/2007 - 13:23

( Posts: 202 | Credits: )


Well, it's never too late to make them verify the debt. They have to prove it's yours. And I think you can attempt to make payment arrangements with them up until they try to place a judgement on you. It's a pretty lengthy process, from what I understand. I hope that someone else with more experience will be along soon with some more advice. Check your messages in a minute and I will send you the dv letter.


lrhall41

Submitted by eleroo on Fri, 09/28/2007 - 13:24

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Hi Teriahosking. In my post above, I wasn't trying to imply that you don't have experience with this. I think we were posting at nearly the same time and I didn't see your post until I had already submitted mine (if that makes any sense...) Anyway, just wanted to let you know that I wasn't trying to be rude with my post. :-)


lrhall41

Submitted by eleroo on Fri, 09/28/2007 - 13:31

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They will definately take more then you want them to. I had one judgement against me that wasn't quite $500.00, the HR at my work asked me what I thought I could afford, I told him $50.00 a check, he came back and said they wouldn't accept less then $75.00. I get paid every other week, so to me $150.00 a month on a $500.00 debt is quite a bit. Eleroo is right, I would definately send a debt verification letter, at least it would buy you a little time too.


lrhall41

Submitted by Punkteri on Fri, 09/28/2007 - 13:38

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jb-Wisconsin law says the following...


Wage Garnishment and Property Exemptions -- Wisconsin
WAGE GARNISHMENT EXEMPTION: 80 percent of net earnings


MAXIMUM INTEREST RATE: Legal: 5% Judgment: 12%


STATUTE OF LIMITATIONS ON ENFORCEMENT:


Open Account (credit card): 6 years
Written Contract: 6 years
Domestic Judgment: 20 years
Foreign Judgment: 20 years

A writ of garnishment is one method a creditor might use to recover unpaid debt. Federal law exempts from garnishment 75% of disposable earnings per week, or an amount up to thirty times the federal minimum hourly wage (currently $5.15), whichever is greater. Some states still have wage garnishment laws in place; however, when the federal law provides a larger exemption than the state law, the federal law supersedes the state law.


lrhall41

Submitted by volleyballmom on Fri, 09/28/2007 - 21:23

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