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Paycheck Garnishment

Date: Mon, 11/27/2006 - 18:18

Submitted by cduszynski
on Mon, 11/27/2006 - 18:18

Posts: 7 Credits: [Donate]

Total Replies: 22


My paycheck has been garnished. I have not been notified by a court and the debtor. What do I do?


First of all...Did you receive a copy of the writ from payroll? They legally have to give you a copy. You can only be garnished 25% of disposable earnings for a consumer debt.

My job is dealing with garnishments..If there is anything I can help you with, please pm me, I'd be more than happy to help..I will need more info about the situation, though.


lrhall41

Submitted by finsfan13 on Mon, 11/27/2006 - 18:36

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um, they HAVE to give you a copy, it's irresponsible and illegal not to. So one day you got your check, and there was money missing from it? In the bottom of your stub there should be a box for deductions..what does it say? Go to your payroll person RIGHT AWAY!!!!

Do you have any more details about the situation? do you know who is garnishing you? You have options, you need that info!!! Go to payroll, and call your local court for the docket number. PM me when you get your info.


lrhall41

Submitted by finsfan13 on Mon, 11/27/2006 - 18:42

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no, it probably wouldn't say anything on the website...Call your court for the docket number. Then you can call Discover, it's never too late to TRY to work out alternative arrangements. It's highly irresponsible that your payroll dept didn't give you a copy. I know I could get fined for not giving a garnishee a copy, but I don't know how that works in other states. Regardless, it's just professional courtesy and proper protocol. Make sure you get a copy of the writ from them, and get the docket number. Please let me know if I can help you.


lrhall41

Submitted by finsfan13 on Mon, 11/27/2006 - 18:59

( Posts: 6919 | Credits: )


Where do you live? In some states, a creditor does not need to file a lawsuit to garnish.

If you were never served, you will have to track down the law firm or creditor doing the garnishing. You need to talk to whoever does payroll and get a copy of the garnishment summons. If they don't have one, they shouldn't be garnishing. If they do have one, you have a right to see it, and you can contact the law firm or creditor to try to get them to stop (which they won't, unless you want to pay off the debt faster than the garnishment is doing).

Chances are good you will have to file the lawsuit and challenge the garnishment in court. You may want an attorney to help you with this.


lrhall41

Submitted by Sam Glover on Tue, 11/28/2006 - 13:26

( Posts: 161 | Credits: )


Here's the state law:

New York Wage Garnishment

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

Start by speaking to your HR department at work. Find out exactly who's taking your wages, how, and why. They have to tell you.

Do you have an outstanding payday loan, or something like that? The reason I'm asking is that this doesn't sound like a proper garnishment. It sounds more like a wage assignment for a set amount, that just happens to be most of your check. Those are often associated with payday loans and illegal lenders. They're voluntary, and you can revoke them at any time.

Go find out which it is, and get back to us. We'll help you through this.


lrhall41

Submitted by unclewulf on Sat, 11/28/2009 - 06:28

( Posts: 3172 | Credits: )