Can a Debt Collector Garnish my Wages?
Date: Thu, 06/26/2008 - 09:50
Any help would be appreciated!
I had my paycheck from the NYC Department of Education garnished
I had my paycheck from the NYC Department of Education garnished by a debt collector over a 450 dollar debt. My mistake was that when you get served they are supposed to notify you that they plan to seek a judgment against you you need to respond. Dont ignore the letter...... Go to court with the letter and get a court date. I did this for my spouses letter she got from a creditor. I went to court and before i saw the judge i met with some sort of lawyer admin law judge who said i could choose to pay just 10 dollars per month. But then he noticed that my spouse was on social security disability. The judge said my wife does not even have to pay the debt. As long as she remains disabled the next 20 years. So now i have a new weapon when i speak to her creditors. Take 25 cents on the dollar or get nothing....
Is there such a thing as a hardship concerning a garnishment whe
Is there such a thing as a hardship concerning a garnishment where the court is concerned? I am single 58 years old and only make 11.50 an hour now. When I incurred the debt 2 1/2 years ago I was making 54k a year a home owner (foreclosed) now I rent and pay 29.9% interest on a 10 year old car. I also was audited for 2007 and am now paying IRS 175.00 a mo for debt of 5500.00.
There is no money left after I get paid, this can all be proven, I have no assets at all left, even sold my furniture to make ends meet. If they can get 25% of my check I can't eat.
Hello Judie, Can you give us more information regarding your
Hello Judie,
Can you give us more information regarding your situation?
Is a wage garnishment already in place for the IRS debt?
Are you still current on the card? Have you considered consolidating or settling the account with the creditor?
In order to garnish your wage the creditor/collector has to win a judgement against you. Have you been sued for the debt?
Quote:Originally Posted by AnonymousIs there such a thing as a h
Quote:
Originally Posted by Anonymous Is there such a thing as a hardship concerning a garnishment where the court is concerned? I am single 58 years old and only make 11.50 an hour now. When I incurred the debt 2 1/2 years ago I was making 54k a year a home owner (foreclosed) now I rent and pay 29.9% interest on a 10 year old car. I also was audited for 2007 and am now paying IRS 175.00 a mo for debt of 5500.00. There is no money left after I get paid, this can all be proven, I have no assets at all left, even sold my furniture to make ends meet. If they can get 25% of my check I can't eat. |
Mornin' Judie -
Contact the Taxpayer Advocate Service, immediately. They're part of the IRS, and your case falls squarely under their mission statement.
You are the debtor. You mean a creditor. Probably not. They ca
You are the debtor. You mean a creditor. Probably not. They can however place a lien on your property.
That depends on what you mean by "property". If you mean your re
That depends on what you mean by "property". If you mean your residence then you have a 50,000 equity homestead exemption in S.C.
Meaning if you own your home outright or have more (its usually much more to make them interested) equity in your home then technically my understanding is yes they could force a "sheriff's sale".
Ive talked to many lawyers and even some magistrates that try these cases and no one can show me an example of it actually happening.
If by "property" you mean investment property you own outright, nice vehicles you own outright (there is a 5k equity amount in one vehicle exemption) etc then yes there is the technical possibility that they can after judgment, force the sheriff to take them, auction them and give you any proceeds over the amt of the judgment.
Technically thats their option. Again I can find no one locally to which that has happened though (Im in S.C. as well)
