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Wage garnishment - How and when it can happen

Under the FDCPA, collectors can contact a third party such as your employer or neighbors only if they have not been able to locate you. But, they are not permitted to disclose the amount of the debt to anyone. However, they may be able to get your wages garnished.

Your wages can be garnished if your state law permits it and your creditors can secure a judgment from court. It is also important to note that your paycheck can't be garnished if the state in which you reside doesn't allow wage garnishment. Every state and the federal government limits the amount of money that can be garnished from your paycheck. Every state permits garnishment for debts to the government, child support, and alimony.

So, if a lawsuit has been filed against you for a debt, it is advisable that you get help from an attorney as soon as possible. If you don't appear in the court, the plaintiff can obtain a default judgment against you. The court may then issue a wage garnishment order to ensure you repay your debts.

I heard GE money sent letters to your employer try...
Date: Tue, 11/04/2008 07:27
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I heard GE money sent letters to your employer try to garnish your wage, can they do that?




Are you referring to GE Money Bank? They would not be able to garnish wages without first obtaining a civil judgement and then, only if your state allows garnishments.

Sub: #1 posted on Tue, 11/04/2008 - 08:20

NASCAR_Devil NASCAR_Devil
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Yeah, GE Money bank. I owe them 3K. So if they can obtain a civil judgement, they can garnish wages.. Can you explain more about civil judgement? I live in Ca. Thanks

Sub: #2 posted on Tue, 11/04/2008 - 10:25

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A creditor has a time limit (4 years in CA) to sue you for defaulting on a debt. If you lose or don't show up, then they a re granted a legal judgement which can then be enforced thru the court system. \
Here is some info the Payday loan laws for CA (just select your state),
http://www.debtconsolidationcare.com/paydayloan/explain-p dls-laws.html

Sub: #3 posted on Tue, 11/04/2008 - 11:01

NASCAR_Devil NASCAR_Devil
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I got the letter of Notice Of Default from Wells Fargo Bank, within 10 days I have to pay the default amount due. So If i don't pay they will take me to court?

Sub: #4 posted on Tue, 11/04/2008 - 14:04

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That is a possibility. More details please.

Sub: #5 posted on Tue, 11/04/2008 - 14:55

NASCAR_Devil NASCAR_Devil
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I owe them 14K, after late fees and late payments, it is 18K in just 3 months late. The whole letter says: Notice of Default
We are writing to notify thta you are in DEFAULT of the credit agreement for the above-referenced credit card account. It si important you apy the DEFAULT AMOUNT DUE within 10 days of the date of this letter. Failure to make payment may results in Wells Fargo exercising its rights under the law in the collection of this debt. Please send the DEFAULT AMOUNT DUE to our above letterhead address.

So what can I do now? I have Care One Credit take care of my debt settlements nowt, I just paid 1 month (start 10/13)
Scaryyyyyyyyyy.Please advice. Thanks.

Sub: #6 posted on Tue, 11/04/2008 - 15:15

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A bill collector may contact your relative, neighbor, or employer as log as the id themselves by name ???????? not by the name of their employer. Example DEADBEAT DEBT COLLECTOR! He must mot mention in any way that you owe money but that he is confirming location information only! He may never disclose to another person that you owe a debt. He is allowed to contact a third party such as a neighbor or relative only one time, unless they request that he call back or the creditor has good reason to believe that they purposefully withheld information. -- As you can see their is a lot of grey area there...

Sub: #7 posted on Tue, 11/04/2008 - 20:03

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Unfortunately this is not a 3rd party collector, this is the OC so they are not bound by the same restrictions under the fdcpa. I'm not up to speed on CA's state laws but there may be some protection for the consumer when dealing with the OC. See the link to the Rosenthal Act I posted earlier.

Sub: #8 posted on Wed, 11/05/2008 - 05:47

NASCAR_Devil NASCAR_Devil
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i have a few payday loans that i haven't paid and when i got to work today i was called in by the HR Assist and was told that a payday loan company is trying to garnish my check is that possible ? I live in Texas and i don't think thats legal can someone please help!! they gave me a 48hr time limit

Sub: #9 posted on Wed, 01/21/2009 - 23:40

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Garnishment is Texas is illegal. Payday loan companies however use Wage Assignments and I am not sure how Texas deals with those. However, those are completely voluntary and all you have to do is sent a certified letter to the lender revoking their right to assign your wages and send a copy to your payroll dept. I will see if I can find any info on Texas laws for those.

Sub: #10 posted on Thu, 01/22/2009 - 01:12

goldenbast goldenbast
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