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Is there a difference between a wage assignment and a wage attachment? Thanks Debbie




Definition of wage assignment
The voluntary transfer in advance of a debtor's pay, generally in connection with a particular debt or judg- ment.

A debtor may negotiate with a creditor a wage assignment plan in which a portion of the debtor's paycheck is transferred to the creditor by the employer. This voluntary agreement is in contrast to garnishment, in which a creditor obtains an order from the court to collect part of a debtor's wages from the employer. Both wage assignments and garnishment are governed by statutes in most states.

Definition of garnishment
A legal proceeding whereby money or property due a debtor but in the possession of another is applied to the payment of the debt owed to the plaintiff.
A court order directing a third party who holds money or property belonging to a defendant to withhold it and appear in court to answer inquiries.

I got the answers from Answers.com. It seem one is voluntary and the other is court ordered.

Sub: #1 posted on Wed, 08/27/2008 - 17:30

bdouble bdouble

(Posts: 354 | Credits: 56.74)

A wage assignment and a wage attachment are the same thing.

Sub: #2 posted on Thu, 08/28/2008 - 08:24

goudah2424 goudah2424

(Posts: 7936 | Credits: 1221.13)

Agreed, they are both the same thing. PDLs try to switch up the names, I do not know why, but they do.
:?

Sub: #3 posted on Thu, 08/28/2008 - 08:29

Cool_Abyss Cool_Abyss
Moderators
(Posts: 2936 | Credits: 173.42)

Is attachment even a legal term- or just a slang word for "garnishment or assignment", seems rather redundant to me lol, anyway> what Goudah said^^^^^

Sub: #4 posted on Thu, 08/28/2008 - 08:51

Shazzers Shazzers
Moderators Cum Industry Expert
(Posts: 17342 | Credits: 1581.98)

It is a legal term . . . . It just depends. Some state's use assignement, some use attachment. It just means the same thing.

Just like some state's call them payday loans, and others call the deferred deposit transactions.

Sub: #5 posted on Thu, 08/28/2008 - 09:19

goudah2424 goudah2424

(Posts: 7936 | Credits: 1221.13)

Yeah, I was reading somewhere on a website about deferred deposit transactions, it caught my eye and confused me for a minute until I realized they were referring to pdl's.

Sub: #6 posted on Thu, 08/28/2008 - 09:47

Shazzers Shazzers
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(Posts: 17342 | Credits: 1581.98)

Usually attachments are done under court order and therefore cannot be revoked.

Sub: #7 posted on Thu, 08/28/2008 - 20:55

DebtCruncher DebtCruncher
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(Posts: 2296 | Credits: 270.02)

It seems that attachments are voluntary and garnishments are done through a court order. I think there is a difference between the two. You will need to contact an attorney to make sure your know the true difference between the two. I don't think the two should be confused as on and the same.
Also some states have limitation to what can be garnished or assigned. I would think an attorney in your state would be able to answer the question.

Sub: #8 posted on Thu, 08/28/2008 - 21:12

bdouble bdouble

(Posts: 354 | Credits: 56.74)

It all depends on the state. In some states, garnishments are called attachments.

In some states, assignments are the same as attachments. It just depends on what term they use for your state laws.

It's just a term, they do mean the same thing.

Sub: #9 posted on Fri, 08/29/2008 - 07:00

goudah2424 goudah2424

(Posts: 7936 | Credits: 1221.13)

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