Wage Garnishments in North Carolina with court judgement.
Date: Wed, 10/08/2008 - 11:03
arbitration
I have received a summons for credit card arbitration in NC - what can I do at this point?
If you don't participate in the arbitration, the arbitrator will
If you don't participate in the arbitration, the arbitrator will enter an award in the credit card company's favor, and then they will try to enforce that award.
Here's a great article from a few months ago on Business Week:
Here's a great article from a few months ago on Business Week:
http://www.businessweek.com/magazine/content/08_24/b4088072611398.htm
As well as some info from the Public Citizen:
http://www.citizen.org/publications/release.cfm?ID=7545
Can may wages be garnished for Credit Card in North Carolina
My wages are currently being garnished for Student Loans. A Credit card company to which I owe monies to is now threatening to also. Can I be garnished for credit card debt? Is it against the law for them to do so,If I am garnished, can I sue the collection agency?
i have a garnishment order sent from a city marshal in utica, ny
i have a garnishment order sent from a city marshal in utica, ny. i live in nc & work for a oil co. they have ordered my employer to take 10 % of my gross wages for back rent in new york state, can they leagley do this
While the North Carolina courts are not permitted to garnish wag
While the North Carolina courts are not permitted to garnish wages based on these debts, creditors in other states may be able to get an order of garnishment under their own states’ laws. It is not a violation of the North Carolina Wage and Hour Act for an employer to withhold an employee’s wages if required to do so by law. If a court from another state issues a valid order under that state’s laws requiring an employer to withhold a North Carolina employee’s wages for payment of a debt, the employer does not violate the North Carolina Wage and Hour Act by obeying that order.
taken from ---> http://www.nclabor.com/wh/fact%20sheets/garnishments.htm
garnishment under their own states??? laws. It is not a vio
garnishment under their own states??? laws. It is not a violation of the North Carolina Wage and Hour Act for an employer to withhold an employee???s wages if required to do so by law.
I think youre missing the point here. Ive underlined the relevant section I think. If NC does not allow garnishments in their laws (first underlined section)
then the court order concerning the garnishment issued by the other state is NOT required by law (second underlined section). The order is not binding on the employer in the other state.
The only way that SC (where I live) and NC allow garnishments is IF you lived in another state where you incurred the debt and IF they sued you in that state and IF they got a garnishment order in that state and IF you THEN moved to a non garnish state (SC, NC, PA, TX) the judge would allow it under the "full faith and credit" doctrine.
Think about it, it would be pure chaos to have every little tom dick and harry local state judges rulings to be binding across state lines. Most judges rulings dont even carry across the county lines much less state. Federal judges are a diff matter but even then only in the "circuit"