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wage garnishment help

Date: Mon, 05/12/2008 - 13:31

Submitted by anonymous
on Mon, 05/12/2008 - 13:31

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Total Replies: 6


Wondering if anyone can help me understand. I have a wage garnishment attached to my check. I do remember seeing some court papers in the mail but can't seem to find them. Anywho, the marshall's sent a notice to my job and they began deducting money. I went onto the local court website to look up the case file to get more info and i was unable to find any of it. I'm trying to get my garnishment lowered because my other bills are suffereing and i do not want to find myself in a whole. Someone please help with advice...

thanks much Neequa


Welcome to the community Neequa, what state do you live in? I would like to see what your state statutes are for garnishment. Also you will probably need to speak to your local court clerk in order to find this information. The federal maximum for garnishment is 25% of the person's disposable income. Some states limit it further with a lower percentage and some may not allow it at all.


lrhall41

Submitted by JCEMT on Mon, 05/12/2008 - 14:13

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Hi!

Garnishments are federally mandated at 25% maximum for consumer debts. In the Carolinas, Pennsylvania, and Texas consumer garnishments are not allowed, but for the other states you should expect to be garnished 25% unless you make other arrangements.

Once a garnishment begins it is very difficult to stop. My job is to handle garnishments, and in 7 years I have never seen one stopped without the debtor filing bankruptcy. You can have them reduced, though. You can do this by proving insolvency at your local court. You will need a copy of your w2 and your most recent pay stub. If you need any help please feel free to pm me.


lrhall41

Submitted by finsfan13 on Mon, 05/12/2008 - 15:51

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Hi Jacement, thanks for your response. I live in New york.my payrol dept notified me of paperwork they received from the marshalls to start garnishments. i have a copy of the paperwork and i went to the civil court of new york website to get more info on the case. Funny thing is i can't pull anything up b the index number listed. The same happens when i look by my name and by the "Plaintiff's" name. Nothing comes up. What could this mean? i'm questioning if this paper is legit.


lrhall41

Submitted by on Mon, 05/12/2008 - 16:56

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Make sure of it with the court, if they can't find record of a case or garnishment then either A. They manufactured the document and the judgment (forging a court document and a judge's signature is a felony which carries a rather hefty price) or B. They sued you outside of your county or even possibly in another state in which case you could simply have the judgment vacated due to improper venue.


lrhall41

Submitted by JCEMT on Mon, 05/12/2008 - 17:09

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The maximum amount recoverable is ten percent (10%) of gross income, or the federal maximum, whichever is less.

If the debtor is subject to garnishment for alimony, support or maintenance, the combined garnishments cannot exceed twenty-five percent (25%) of disposable earnings.

Income executions are prioritized by order of delivery to the Sheriff, but garnishments for alimony support or maintenance always take priority.

The execution is a two-stage process. First, the sheriff serves the execution on the debtor at his or her residence. If the debtor does not begin making payments within twenty (20) days, the sheriff levies on the employer


lrhall41

Submitted by JCEMT on Mon, 05/12/2008 - 17:10

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ok, thanks. I will call the court tomorrow to see what i can find out because the index numcer on this marshal letter is not coming up at all in the court system.


lrhall41

Submitted by on Mon, 05/12/2008 - 18:30

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