Wage Garnishment Question
Date: Fri, 08/31/2012 - 11:00
hello,
I registered but it seems to be taking too long to get my registration info at my email. So I want to ask this question now.
Nearly 10 days ago I received a confidential envelope from the payroll and benefits department here where I work. It was a copy of the Writ Garnishment Summons that my employer has to fill out, verifying that I am an employee and what my pay dates are. They also verified that my wages are subjected to an existing court ordered assignment payment of support (this is not back payment, this is for for current child support payments.). They also agreed to withold earmings within 60 days. Also was a 2nd "notice of wage garnishment" from the attorney of the creditor. The notice said I had a right to a hearing and should submit a "request for hearing" within 10 days from the time my employer delivers the copy of the Garnishment Summons. I did submit it on the 9th calendar day yesterday with a comment that I will be taking out a 401K loan to pay it in full and sent copies to my employer and attorney of creditor... but today my paycheck has been garnished about 21%. So my employer acted must quicker that I thought. I thought they had to wait for the hearing or for me to waive my right for one. I also never received a copy of the court order of garnishment. So I had no idea how much they would start taking out. At this rate, the debt would be paid in 5 months but I obviously cant afford that aggressive of a payment being deducted from my paycheck.
Should I had received notice before hand on when the garnishment would start and how much?
And should my employer had waited until I waived or held my hearing?
I registered but it seems to be taking too long to get my registration info at my email. So I want to ask this question now.
Nearly 10 days ago I received a confidential envelope from the payroll and benefits department here where I work. It was a copy of the Writ Garnishment Summons that my employer has to fill out, verifying that I am an employee and what my pay dates are. They also verified that my wages are subjected to an existing court ordered assignment payment of support (this is not back payment, this is for for current child support payments.). They also agreed to withold earmings within 60 days. Also was a 2nd "notice of wage garnishment" from the attorney of the creditor. The notice said I had a right to a hearing and should submit a "request for hearing" within 10 days from the time my employer delivers the copy of the Garnishment Summons. I did submit it on the 9th calendar day yesterday with a comment that I will be taking out a 401K loan to pay it in full and sent copies to my employer and attorney of creditor... but today my paycheck has been garnished about 21%. So my employer acted must quicker that I thought. I thought they had to wait for the hearing or for me to waive my right for one. I also never received a copy of the court order of garnishment. So I had no idea how much they would start taking out. At this rate, the debt would be paid in 5 months but I obviously cant afford that aggressive of a payment being deducted from my paycheck.
Should I had received notice before hand on when the garnishment would start and how much?
And should my employer had waited until I waived or held my hearing?
You should have received a notice beforehand. You should have be
You should have received a notice beforehand. You should have been informed about the date from which garnishment would start.Your employer could have waited till the hearing date. Do consult an attorney as early as possible. Check the wage garnishment laws in your state too.
