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Stopping Wage Garnishment

Date: Thu, 09/27/2007 - 09:57

Submitted by buckeyegirl1120
on Thu, 09/27/2007 - 09:57

Posts: 21 Credits: [Donate]

Total Replies: 8


On Tuesday (9/25) I received a letter from my employer through the mail that they will start wage garnishment to one of my creditors beginning with my check dated 9/28. They also included all the paperwork from the court that they had received on Monday. It does say that I have five days to file for a hearing. Ok, but my check comes out on Friday?!?!

The other issue is that two weeks prior I had received the Notice to Avoid Wage Garnishment. I filled it out, sent in the payment (25% of my check) and they have cashed that check. I also have joined a debt recovery program and included this debt in my payments. That payment is also set to come out on Friday. I immediately (Tuesday) called the debt program and they have turned my issue over to the legal department to see how to stop the garnishment. I called them back Wednesday evening to see how it was coming along. I was then informed it would take three to five days. I have until tomorrow if I want to file for a hearing. Can they still garnish since I have joined the program? Should I file for a hearing? It's too late to help this check this week but can I save myself in the future? Advice is needed. Thank you!


Buckeye,
Have they actually gotten a judgement against you? If they have, then yes, they can garnish you, unfortunately. This is the only way they can legally garnish you: if they have actually gotten a court-ordered judgement.
If you are having this hearing this week, I would certainly show up there and tell the judge everything you have said in your post. Also bring proof of prior payments to the creditor. Also show documentation re your debt consolidation program and explain that you are working with them to pay it off.
If the paperwork was just notification that there would be a hearing, not notification of a judgement, then I would fight that.
If it is indeed a judgement, I would investigate whether you are allowed appeal rights. You might not be, but it wouldn't hurt to check it out.


lrhall41

Submitted by kscornell on Thu, 09/27/2007 - 10:04

( Posts: 4407 | Credits: )


They do have a judgement. But since I paid the Notice to Avoid Garnishment and worked with a credit counseling group to repay them, I thought that would stop the garnishment. I don't have a hearing date set. I have until tomorrow to request a hearing. Not happy that I can request a hearing but they start garnishing before that time limit is up. My credit couseling place says that they will have their legal team call the creditor, but they aren't moving quickly enough since I have limited time to work with. Didn't know if I should file for a hearing anyways or not?


lrhall41

Submitted by buckeyegirl1120 on Thu, 09/27/2007 - 10:12

( Posts: 21 | Credits: )