N.C. Garnishment

Wow, that is interesting! That is great news for those in N.C. THanks for letting us know about that!

~Mary

NC, SC, PA, and TX are all non-garnishable states.

I only knew about TX. Thanks for that beatlemyn!!

~Mary

Thanks to you both....still getting through all of this but I feel better to at least be doing something besides getting further in debt!

Interesting, thanks for the info.

So you're saying that if any of the payday loans I have out attempt to call my employer (I'm in NC), that it's against the law?? That's AWESOME...i was very worried about that..i'm in over my head with these loans, and I didn't want them calling my boss!

sgreen: that is the way it was told to me by the local branch of the consumer credit counseling Office...they seem VERY down on these lenders and if you need to and haven't done so, you may want to call them. PM me if you need a website address for them-you can do it all online.

Wage garnishment and voluntary wage assignment are different. Most of the payday lenders contact the payroll department on the basis of the voluntary wage assignment agreement that they get signed with the agreement paper. Voluntary wage assignment can be cancelled by the debtor any time. It has been noticed that the papers payday lenders use for wage assignment do not meet the legal guideline. Wage assignment contract should always be signed by person, digital signature never works.

Thanks curly...that makes sense!

Sorry -the guest entry was me and I wanted to be sure I thanked curly. Still getting this forum thing down....

Quote:

sgreen...they will call. They just cannot legally garnish your wages. They can still file for a judgement, but if you don't have assets and they cannot garnish...it will just be a bad mark on your credit. Judgements and liens can stay on your credit for up to 20 years in some states. Much different than just reporting a bad debt.

My credit card company is trying to take me to court over a $1000 balance. I am working, but cannot afford anything outside of the essentials. I do not own anything, but I will own my vehicle soon. Can they take that from me?

I live in PA and was very happy to hear that my wages can't be garnished. Is that the same for a creditor freezing my bank accounts? If they can't garnish, then what can they do? I do own a home.

I don't know about PA laws but most creditors get a judgment and they then could put a lien on your home.

I was told by a collection agency that if they obtained a judgement on me that the court would own my home and that I couldn't sell it or refinance it and that my mortgage company would be notified and that my interest rate would sky rocket to where I couldn't afford it. Is that really true?

The judgment/lien just means if you try to refinance or sell that the lien would be paid out of proceeds. The CA is trying to scare you, as for your interest rate it will be based on your credit.

alright..here's another question along the same lines..I live and work in NC..BUT my employer and the payroll office is located in TN...Does that mean that the payday loan office still have to comply with NC laws? Also, I have a law office for one of these payday loans now harrassing my references..is there anyone who can PM or post something I can tell these people the next time they call that will let them know that I've been made aware of the truth when it comes to their game, and they need to stop harrassing me and my references? I don't want to just come out and say..hey, what you're doing is illegal..it is, but I want to have all my back up, if you know what I mean! THANKS!!!

I miss maryanne alot... ma if you are out there...please come back to us!:)

So to make sure I understand this. A PDL cannot garnish my wages since I live in PA and a garnishment cannot involve PDL. Is there some kind of way in which I can see that information or get a phone number to see the legality of it. Very much appreciated. Because one PDL place I owe is threatning to tell my boss and try to do a wage garnishment. Also is a wage garnishment voluntary or mandatory. If it voluntary then Im happy about that because I can refuse to have a garnishment happen dealing with PDL. LMK. THX

Duplicate Content removed as per forums rules - Mike

http://en.wikipedia.org/wiki/Garnishment

One thing they left out..A garnishment never lasts longer than 90 days, and child support and other federal debts can actually be up to 50% of your disposable income.

A collection agency is calling my job to verify my employment and wages. I live in california and I need to know if they can garnish my wages for a payday loan that I can repay back but it will be a week from now. And then should I call my HR department for my workplace and find out if it is allowed? Someone please help.

Depends on your state laws...When you signed your contract with this PDL you may have signed a volunatary wage assignment you need to revoke this in letter as well as send a copy to your hr dept...

Quote:

If the credit card company gets a judgement against my husband, can they take our home? or is it just against ourhome until we decide to sell or refinance? WE owe the max amount on our home, so there is no equity.

WRONG! You can garnish wages for credit cards and such! I know, it was done to me!

WRONG! You can garnish wages for credit cards and such! I know, it was done to me!

Guest, the state of NC cannot garnish consumer debts

OK, they didn't garnish, they just went into my bank account and took the full amount. That's worse!

got anything to say bout that?

First off, nice name!!

Unfortunately, although they cannot garnish for consumer debts in the carolinas, Pa, or Texas, they can seize accounts. It's a very good idea to make arrangements with your creditors right away to avoid this!!

Thanks! No connection with the team though (bad year!)

You seem to know about this kind of stuff, sooooo....

if you have a judgement against a party for money owed, how would you be able to go into their bank act. and take what's owed?

Might be wrong, but I thought that the Carolinas were'nt garnishment states. In that case, the creditor could go after some bank accounts, though many savings and retirement accounts are expempt. Check your state law, it's different everwhere.

You are right, The Carolina's are not garnishment states.

Dolphin, a judge would have to rule seizing accounts as a reasonable means of collection.
LOL, and I know about this stuff because I have to do it for a living!! :D :D

finsfan13, what form is this called thats needed to seize a personal account?
R u a Miami fan, Packers fan, or Panthers??? I think Green bay is going to Superbowl!

Dolphin, you are wanting to execute a judgment. If you have a properly recorded judgment,then there is a process with the courts under their rules of civil procedure. Basically you file a writ to seize the interested bank account and the bank gets a copy. They will freeze the account and if it is not exempted income,then the money should be released to you.

Cajunbulldog, a writ of execution has been served, is this different than a writ to seize?

If you have served the bank with a writ of execution identifying the account,then non exempt income should be available to seize from account providing there is money in the account. Some state's also have motions for relief from seizure so you will need to look to your rules of civil procedure to find out these things.

Dolphin..I can't add to Cajun's advice..I'm sorry, I didn't realize that you were attempting to seize funds.

In answer to you question..I am a lifelong dolphins fan. However, my passion in life is simply the game of football, and one of my hobbies is reading autobiographies and biographies of players and coaches. A few years back I fell madly in love with the Packers of the 60's and everything they were. In fact, when coaching my son's rocket team, I incorperated the famous Packer sweep into their offense. Anyway, not a Packer fan right now, but I agree that either they or the Cowboys will represent the NFC.

cajunbulldog, I served the defendant not the bank with the writ. ok...how would I find out what bank they are with to serve the bank?

Asset searches are tricky due to current financial privacy laws. The first thing that would come to mind is a local court house record search for any mortgages or UCC records. These records normally identify a bank the party in indebted to. If that does not reveal anything,then it is time for a deep skip trace.You can hire judgment enforcement agencies to perform the skip and all legal paperwork.They will normally work for a percentage of the total judgment collected on.

I'm having an awful time with this payday loan company. 12/2006 I had received $200.00 dollars and they had processed on the wrong dates and it messed my account up which had to be closed. I asked if I could mail them the money they stated no that it must be debited from my account. They have called me at work several times. I have made complaints with the better business and I have sent them notification of revoking any wage assignments. They now say I owe $3200.00. What do I do?

They state that they are going to send wage assignments to my employer. I leave in NC and I just want them to stop calling me at work.

:cry: pinnacle n t-mobile = evil.

Payday loan companies would like to think that a voluntary wage garnishment will allow them to collect money they claim you owe. You can and should revoke any willful wage garnishment with your employer, there is nothing they can do without a court order to enforce a hostile collection of monies.
PThey could try to gain a judgement but it would be unlikely the matter would ever go to court. It takes time and money to collect on a debt, so the hire people to call and call and harrass. Tell your those you listed as references what has happened and that may get a call about the situation. Most people are understanding towards this kind of poor business Praticeby lenders. Remenber the ones collecting the debt probably know less about the law than you do. As far a freezing your bank account you should have already closed the payday loan account. They must have a court order to garnish any bank account. Unlikely they will part from their hard earned money to go that far, that is why they try using bvoluntary wage garnishment! Tell them you will see them in court, then send a cease and desist order against the collection calls.

Actually, unfortunately what I've just read is that wage garnishment can occur in NC if the creditor is able to get the garnishment under the laws of their own state (if they are not from NC). I found this on the a website called NC Labor with a dot com

don't forget florida, head of houshold cannot be garnished by collectors. So yay for
the deadbeats, and thiefs. Steel, and steel. We're not in financial trouble in this country already. Savings and loan bust. Hmmmmm wonder why that happened? Pay
your freekin bills folks. These big capitalist skylines exist on debt. You think those are all paid off. yea right.

Florida Is also A non garnishable state......As long as you've fiiled for homestead exemption

It has nothing to due with homestead exemption in Florida...not everyone owns a home. You are exempt from garnishment if you are "head of household"