Wage garnishment - How and when it can happen

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.

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

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-pdls-laws.html

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?

That is a possibility. More details please.

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.

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...

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.

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

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.

Seems Texas follows federal laws about it, so if you send the letter revoking it, you should be fine.

Can ge money garnish your wages in miami fl

There will have to be a court order before anybody can garnish your wages..now if your talking wage assignment that can be rovoked. But Florida also has exemption laws in place if your are head of household. Check out this link and the exemptions are listed under 77.041
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0077/titl0077.htm&StatuteYear=2006&Title=%2D%3E2006%2D%3EChapter%2077

My payroll check is being garnished by CBE. I have never been to court nor have I seen a court order. Can they do that?

First, you should contact your payroll department for a copy of the withholding order. It should be a court order, and will show which court ordered the garnishment. Then, you can contact that court regarding any the case & judgment against you.

If there is indeed a judgment against you, then most likely it was by default for your failure to appear. If that is the case, you will have to research a little bit into how they claim you were served, and what the rules are for service of a summons. If you weren't properly served, there is a legal process to vacate the judgment. BUT the process is different for every court, it gets very technical/legal and is best handled by an attorney.

i live in pennsylvania can payday loan garnish my wages for non payment?

No...they cannot.

I received a call from a payday loan company representative that stated that he needed to serve me papers for a criminal case that was scheduled for court on the 12th of this month and he would serve me at my place of employment or my home on Friday the 5th. I live in Texas and I have had them tell me that they would garnish my check they call with automated messages for me to call numbers that other employees hear because they answer the phone. Can they do this?

You cannot be garnished in Texas. However, many payday lenders use Wage Assignment. All you have to do is send a certified letter to the company revoking the wage assignment and include a copy to your HR dept. and you should be fine.

Do not take ANYTHING they say at face value. Immediately check your county justice court to see if in fact you have been sued. Also note that they do not serve you themselves as the court requires a process server to do so, so that sounds just a bit fishy.

Texas has some lending laws and requires that lenders be licensed. You can check into that, because if they do not hold a lenders license then they cannot legally lend to you and they will have no leg to stand on in court. Also check and see if they are acting as a CSO (if they are, they were required to have you sign papers reflecting you understood they are a CSO). You can demand to see all this documentation in court during discovery. You can also tell this person calling you that even if they do win judgment, garnishment in Texas is not allowed so they will still get nothing from you. Plus many things are protected from liens...even your tractor. :)

I am now receiving calls saying they are charging me with "hot Check" I never wrote a check I did all this on line and they were eft'ing from my account until the fees got so high that I wasn't making enough to cover them and had to close the account. This was suggested by my bank.

Sounds like some bottomfeeders truing to collect on an illegal payday loan to me. Their tactics are definitely illegal, not just shady. You cannot be charged with a crime for owing money in this country.

A defendants wages were garnished by court order, but the place where he is working is not paying the garnishment. How much time do i have since the court ordered it, to sue the place where he is working.

I dont think it is up to you to sue....the court should impose sanctions for violation of the court order.

I live in Texas and have been receiving letters from Tidewater Credit Company stating they will garnish my wages or sue me for $11,000.00. Is this legal in Texas?

I believe TX is a non-garnishment state.

Why is it the state government entities such as unemployment, alimony, child support, etc, are the only debts you can't get into a bankruptcy??

State and federal debts are not dischargable. Public debt. And child support is support for YOUR child. Obviously you cannot discharge it...