Wage Garnishmnet
Date: Thu, 12/30/2010 - 11:17
No, wages can't be garnished without a court order. However, usu
No, wages can't be garnished without a court order. However, usually, payday loan companies will place a clause in their loan contract that states you will allow them to use a wage assignment against you if you should default on the loan, it is revocable at any time though. So all you need to do is send them a dated email which says you revoke their rights to any wage assignment you may have signed. Then, most importantly, print out the email and take it to your employer, that is extremely important, if you don't take it to your employer they won't know you revoked it and you may end up having a paycheck withheld until they await proof.
RI state garnishment laws are below, remember, this is only with a court order, and obviously that will never happen because payday loans are prohibited in your state, so it's not enforceable in a court of law, period.
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[INDENT] Under Rhode Island law, the maximum amount which can be legally withheld from an employee's wages by an employer is twenty-five (25%) percent of the employee's disposable earnings.
Disposable earnings are defined as the earnings of an individual after deduction of taxes, social security and temporary disability contributions.
Individuals are exempt from attachment for one year if they have collected social security or state assistance.
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In order for any one to garnish your salary they would need a co
In order for any one to garnish your salary they would need a court order. If your PDL is illegal they really can not get a court order If you signed a wage assignment you need to revoke it. It is strictly voluntary.
Who is your loan through? Storefront or Internet?
The wage assignment still applies in N.H. You can still revoke i
The wage assignment still applies in N.H. You can still revoke it, and wages can't be garnished without a court order.
http://www.paydayloaninfo.org/state-information/37
[QUOTE][INDENT]New Hampshire has a non-continuous wage attachment "on the books," in RSA 512. The process is seldom employed due to severe restrictions on its use, the cost, and the fact that many judges do not favor it and have discretion to disapprove it.
The lien applies only to wages earned post-judgment. Under New Hampshire procedural rules, seeking a garnishment would therefore require the filing of a new lawsuit each time such an attachment is sought. The attachment only applies to wages earned up to the date of service. In other words, there is no provision for an ongoing garnishment.
There is an exemption for earnings up to 50 times the minimum wage. New Hampshire does have a mechanism for establishing a court-supervised payment plan under RSA 524. This creates no lien against earnings, and is enforceable through contempt should the debtor default.
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