I have a garnishment from all credit lenders

You have a garnishment from a pdl? Was it a storefront and did you have to go to court?

Is this a garnishment from a court or a wage assignment?? BIG difference there!
Ang

And if it was a garnishment, you should have received written notification, either from your employer or the creditor. You have the right to see that letter.

If it is a legal garnishment I know in my state they are only allowed to garnish one debt at a time.

ladybug

That is also true in the state of IL.

I get the feeling this is a wage assignment! :shock:
Ang

Sure starting to look like one! But the employer still needs to notify the employee in writing that they did this--otherwise that employee should go straight to the Labor Board if they didn't get their full pay!

Actually..If it is a wage assignment, the payroll dept is under no legal obligation to notify the employee of an assignment. It is the ethical thing to do, but there would be no recourse if the debtor went to the labor board.

Fins, Isnt a wage assignment a voluntary thing. It can be revoked. I wonder if we are actually talking about a Garnishment here

I don't mean to be 'stupid'.....just curious. What's the difference between a Garnishment and Wage Assignment?? Don't they BOTH come out of your pay??

Yes they do, but in totally different ways. Garnishment is done through the courts. You would be served, have to appear in court and have a judgement against you. Assignment is a voluntary thing, that can be revoked by you at any time. Your employer does not have to honor it either.

...and in addition to what terminal wrote, there are strict state laws governing wage assignments. If the HR dept isnt savvy, they may just honor it.

As an example, in California, if the person is married BOTH husband and wife must sign the wage assignment agreement. I can assure you this rarely happens with a PDL wage assignment.

If you are in a bankruptcy - no one can garnish your wages. It puts an automatic stay on those type of actions.

good point candy...but we arent sure if he has filed or what...

I dont think Paul has been back :?

Have you filed your BK yet? If so, then as candy said, an automatic stay on any collection is given.

If you are just waiting to file until Nov 1, then they could still proceed with the garnishment.

Generally, if it is in your companies' guidelines, an HR rep will honor an assignment. Plus, a bk won't necessarily end an assignment. There are also such things as court-ordered assignments, but I won't go into those here..

I am the HR lady at my company..If I were to get an assignment on an employee, I would be obligated to honor it, unless I receive written communication to do otherwise. Also, assignments have no percentage cap, so you can end up losing your entire check over one.

Hi Fins...as an HR rep, do you check the applicable state laws that govern wage assignments? Just curious..

Oh Gosh, yes..Wage assignments are simple, though..There is a standard that has to be met, period. Honestly, I haven't seen too many of them, and when I have they have been from rent-to-own places. They are stupid things, meant to trick the debtor. People don't realize that...All you have to do is say you don't want it done, and it's over.

Thanks fins! That is intersting info! Nice to know we've also got an HR person around here!

oh yes..I specialize in Garnishments..Seriously!! That's my area, deductions and benefits. You need help, I can help!