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Wage Garnishments in North Carolina with court judgement.

Date: Wed, 10/08/2008 - 11:03

Submitted by anonymous
on Wed, 10/08/2008 - 11:03

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Total Replies: 12


I received a judgement from the court from a previous creditor(a credit card company) I know North Carolina doesn't allow for wage garnishments without a judgement, but I was wondering if they can garnish my wages with a court judgement? What about personal property like a car I own, 401K, etc? Thank you


unless it's a certain debt like back taxes,child support.they won't order a garnishment.any CA that states they can for say a credit card is lying.


lrhall41

Submitted by paulmergel on Wed, 10/08/2008 - 11:08

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I have received a summons for credit card arbitration in NC - what can I do at this point?


lrhall41

Submitted by on Sun, 10/19/2008 - 20:13

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for student loans you can be garnished.credit cards no.i don't see you being garnished,but if you are sued and they get a judgement.they can seize your bank account/accounts.so just know that.


lrhall41

Submitted by paulmergel on Fri, 06/05/2009 - 06:37

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After being issued a judgement for a CC and you still do not pay, can they arrest you in NC?


lrhall41

Submitted by on Thu, 08/13/2009 - 14:47

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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


lrhall41

Submitted by on Mon, 03/28/2011 - 23:21

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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"


lrhall41

Submitted by on Tue, 03/29/2011 - 04:44

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