logo

Debtconsolidationcare.com - the USA consumer forum

Forums
  • Latest topic

wages garnished??

Date: Mon, 03/30/2009 - 13:38

Submitted by anonymous
on Mon, 03/30/2009 - 13:38

Posts: 202330 Credits: [Donate]

Total Replies: 6


I have been told by a Brachfield & Assoc. rep. that if don't make a payment by the end of this month on a settlement I arranged, that they will garnish my wages right away.
Will this really happen? 
I did receive a summons earlier this year and have a couple payments already.. it's just this month that I have to pay less because of financial hardship.  They are being real difficult to work with and say there's nothing they can do for me because this is a court order and I need to pay or else..
PLEASE HELP!


1. Sec. 1673: Restriction on garnishment
(a) Maximum allowable garnishment
Except as provided in subsection (b) of this section and in section 1675 of this title, the maximum part of the aggregate disposable earnings of an individual for any work week which is subjected to garnishment may not exceed
(1) 25 per cent of disposable earnings for that week, or
(2) the amount by which disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206(a)(1) of title 29 in effect at the time the earnings are payable, whichever is less.
In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2).
(b) Exceptions
(1) The restrictions of subsection (a) of this section do not apply in the case of
(A) any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review.
(B) any order of any court of the United States having jurisdiction over cases under chapter 13 of title 11.
(C) any debt due for any State or Federal tax.
??


lrhall41

Submitted by Count_Vlad on Mon, 03/30/2009 - 13:56

( Posts: 356 | Credits: )


i never did go to court.?? When I got the summons I called the creditor's # and was referred to brachfield & assoc.
I started paying a settlement amount but missed one month because they posted on a payment on the wrong date and it made my checking acct. go overdrawn.?? I tried calling them back and never got an answer until after 2-3 when another rep.
??


lrhall41

Submitted by on Mon, 03/30/2009 - 15:18

( Posts: | Credits: )