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? about wages being garnished or bank acct being cleaned out

Date: Mon, 02/11/2008 - 12:32
Submitted by on Mon, 02/11/2008 - 12:32
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Hi, I am FL. I recently am going through a messy separation. I honestly let all the credit cards go unpaid for about 1 year. I moved. Once in a while I get a collection letter. But it's either pay rent, car or food. My concern is when they catch up to me what will happen. I own my car but it's financed under my name & ex-husband & we owe more than it's worth. I rent a house so no other assets just clothes, toys, tv etc. There is also an older car (95 chevy corvette) that my brother-in-law put on his credit card but it's under my ex's name & I just found out mine !!! His brother will be placing a lien on it just in case. My question is can they come after me & garnish my wages ( I am head of household with a small child with special needs) & can they seize my bank account or my possessions. I would literally be on the street because how can I pay rent, insurance & my son's co-pays for his ongoing therapy ? Also my soon to be ex is disabled so he has nothing. I am totally freaking just thinking of the worst to come. Any suggestions please ?? :oops:


Any suggestions or advice because I am really nervous & that last post that thankfully deleted had me in tears. I'm not a deadbeat but sometimes life gets you in situations beyond your control. & a roof over my head for myself & my child as well as food come first but some people are just quick to judge. :cry:


Submitted by on Tue, 02/12/2008 - 06:38

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If it was No Nonsense Collector who responded to you, pay it no mind...this person has been making everyone crazy with his lies. You are not a deadbeat, you are like many, many people struggling to survive and you are absolutely right- you and your children's lives come first before anything, a roof, food, clothing...so don't sweat it.

I totally understand when you are living paycheck to paycheck and care barely make ends meet. If the balances are high enough, some CAs might try to take you to court over them, but you still have protections, especially being head of household and stuff. Just answer the summons if you get one because if you don't they can get a default judgement.

The state you live in determines how much a company could garnish, but they would have to get a court order for that and you will likely have some hefty exemptions.


Submitted by goldenbast on Tue, 02/12/2008 - 08:05

goldenbast

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Pandora174

Glad I missed whatever tactless and callous BS "Nonsense" posted in response to your questions, that twerp is really getting on my nerves. I hope he did not offend you or make you worry too much.

I did a little Google-ing and this is what I found, it's in Legal-eze, but I think you might be safe from having your wages garnished. If anyone more in the know about this can please correct me if I'm incorrect, I would be grateful.

Wages of the head of a family are exempt from garnishment unless the person's net wages are more than $500 per week and the person has agreed in writing to allow wages to be taken to pay the debt. A head of family includes all persons who reside in Florida and who provide more than one-half of the support for a child or other dependent. Wages in a bank account that belong to a head of family retain their protection from being seized for six months even if the wages are mixed with money from other sources. If a head of family had not agreed in writing to allow the garnishment or attachment of wages, all the wages are exempt. You must file an affidavit with the court to declare your head of family status and protect your wages from being taken.

Persons who do not qualify as head of family will still have the protection of federal law which limits the amount of wages that can be garnished. If you take home less than 30 times the minimum wage per week, all of your wages are exempt. Otherwise, a judgment creditor can obtain 25 percent of your net wages under a continuing writ of garnishment until the judgment is paid in full.

As far as personal property goes, I found this information.

The Florida Constitution gives you the right to exempt up to $1,000 in personal property from confiscation by a creditor. Unless the judgment creditor has a lien or security interest in this property, this constitutional exemption allows you to protect up to $1,000 worth of your property from execution or attachment. This $1,000 can include wages and money held in a bank account. If you own more than $1,000 worth of personal property, you can choose which property to protect. If the judgment is only against you and not your spouse, your spouse is entitled to protect his or her interest in the property. Property that is held by a husband and wife as tenants by the entireties cannot be divided and thus is not subject to the claims of creditors of the husband or wife individually. The judgment debtor and/or the debtor's spouse must file an affidavit with the court and the sheriff to obtain the exemption and protect the property from the judgment creditor.

So, I'm thinking unless you own tons of property and more than one house, and from what you posted you don't, then you are safe also.

As always, someone correct me if I'm giving out incorrect information.


Submitted by FloridaRon on Tue, 02/12/2008 - 14:45

FloridaRon

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a credti card comp filed a judgement against me and they garnished my wages back in Dec, 2008. They sent a letter to me and my employer wanting to take 25 %, I was advised by my employer they could only take 10% being that I'm head of household. The creditors atty called me last week which I found very unsual and he asked me if I had filed as head of household wiith the court and I answerd no, then he said he would lower the payments to 37.50 bi week. They were taking
240.00 every month. I find this very strange. Why would they lower the payments, If they originally wanted to take 25 %.


Submitted by on Thu, 04/16/2009 - 19:50

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i have several business accounts or unsecured loans and i am at least six months behind..my question is can they freeze my personnel bank account which is a retirement check in new york. i was told by law in new york my pension check can not be garnished is that true


Submitted by on Thu, 05/14/2009 - 07:36

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They would first need to sue and obtain a judgement before they can garnish or freeze your bank accounts. Here are some of NY's exemptions:

Quote:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.
Under Chptr. 8, Art. 52, Sec. 5206 of the New York State Consolidated Laws, property of one of the following types, not exceeding ten thousand dollars in value above liens and encumbrances, owned and occupied as a principal residence, is exempt from application to the satisfaction of a money judgment, unless the judgment was recovered wholly for the purchase price thereof:
1. a lot of land with a dwelling thereon,
2. shares of stock in a cooperative apartment corporation,
3. units of a condominium apartment, or
4. a mobile home.
Some of the personal property exemption which may be claimed by a debtor may include all stoves kept for use in the judgment debtor's dwelling house and necessary fuel therefor for sixty days; one sewing machine with its appurtenances; the family bible, family pictures, and school books used by the judgment debtor or in the family; and other books, not exceeding fifty dollars in value, kept and used as part of the family or judgment debtor's library; a seat or pew occupied by the judgment debtor or the family in a place of public worship; domestic animals with the necessary food for those animals for sixty days, provided that the total value of such animals and food does not exceed four hundred fifty dollars; all necessary food actually provided for the use of the judgment debtor or his family for sixty days; all wearing apparel, household furniture, one mechanical, gas or electric refrigerator, one radio receiver, one television set, crockery, tableware and cooking utensils necessary for the judgment debtor and the family; a wedding ring; a watch not exceeding thirty-five dollars in value; and necessary working tools and implements, including those of a mechanic, farm machinery, team, professional instruments, furniture and library, not exceeding six hundred dollars in value, together with the necessary food for the team for sixty days, provided, however, that the articles specified in this paragraph are necessary to the carrying on of the judgment debtor's profession or calling. In addition, a judgment debtor may also be entitled to exemption, to the extent allowed under the statute, certain portions of income, trust, security deposits, insurance policy, New York state college choice tuition savings program trust funds, award in a matrimonial action, and retirement plan funds. (Chptr. 8, Art. 52, Sec. 5205, New York Consolidated Laws.)
In accordance with the provisions of 11 U.S.C. Sec. 522(b), debtors domiciled in the State of New York are not authorized to exempt from the estate property that is specified under subsection (d) of such section. (Chptr. 12, Art. 10-A, Sec. 284, New York State Consolidated Laws.)


Unfortunately, since these are business debts, you are not afforded any protection under the FDCPA but you are guaranteed protection under the FCRA if they appear on your credit reports


Submitted by NASCAR_Devil on Thu, 05/14/2009 - 07:58

NASCAR_Devil

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my account was charged-off and it does appear on my credit report what i want to know is that they do it every month list charge-off shouldnt it only one time charge-off on my credit report not six times with the same company


Submitted by on Thu, 05/14/2009 - 09:17

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I happened to stumble into this thread because the title was of interest......and I'm glad I did.

My husband recently had his wages garnished due to an old collection claim. My husband said the CA never sent anything to our address but the garnishment order was sent to his employer. This happened about 2 months ago. (edit: Employer never received garnishment order either)

My husband is also in the process of filing for bankruptcy, which will definitely be processed by the end of this month. My husband is head of household, I receive SSI disability so I don't work (I have lupus and I'm on dialysis). My husband's work days have been reduced to 3 days a week due to the recession, so with medical co-pays, we have a 10 year old child and just paying our regular bills, we really cannot afford this to happen.

So I'm wondering if someone can give me some advice on how to fight this garnishment order. We live in California, btw.


Thanks in advance :)


Submitted by sirrap1 on Thu, 05/14/2009 - 16:57

sirrap1

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They may have asked for a voluntary wage assignment. If it was a court ordered garnishment (and it doesn't seem so to me) and you never received a summons, then you were likely improperly served. Contact your local Municipal Court and verify if there was a summons and in what court. Then you can file a Motion to Dismiss due to Improper Service (ask the court how).


Submitted by Chrys Henderson on Fri, 05/15/2009 - 00:43

Chrys Henderson

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