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Wage Garnishment, Nuts and Bolts

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  • #16
    I did a little research on NH and it appears that the law is very debtor friendly.
    A garnishment order only affects the earned but unpaid wages at the time the order is served, there is no ongoing garnishment of future wages without your consent. It is also not a community property state so they cannot grab your spouse's wages for your debt. So it appears most likely that they will have to go after your bank accounts for any kind of payback with a reasonable ROI for them, unless the debt is really big or their costs are really low. This is just my opinion based on 15 minutes of research so do your own due diligence..google is a great tool just be careful of your sources.
    filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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    • #17
      thank you catleg!

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      • #18
        Thanks, that was good. Now what it a judgement??? Sorry, I have a bunch of questions wrote down to ask my lawyer when I go in to see him before my hearing. Just trying to ask before I go I guess. Thanks
        filed June 12,09
        341 July 20,09
        deadline to object Sept 18,09

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        • #19
          Were you asking what is a judgement?

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          • #20
            Yes and I think I put it in the wrong place. I have none, but once you file they can't do right??
            filed June 12,09
            341 July 20,09
            deadline to object Sept 18,09

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            • #21
              right a judgement is when you have been sued and lost. I am sure it is more technical than that but...
              If you are sued and the judge agrees that you owe the money they will either allow a lien on your propterty (house, car etc), levy you bank account or garnish your wages. Once you file ALL collection action stops because you are protected under the automatic stay.

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              • #22
                25% wage garnishemnt on top of child support?

                I am already paying $700 child support from my $2600 monthly income, can the creditors garnish 25% of my remaing $1900 dollars income?

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                • #23
                  Originally posted by sherif View Post
                  I am already paying $700 child support from my $2600 monthly income, can the creditors garnish 25% of my remaing $1900 dollars income?
                  See http://www.fair-debt-collection.com/...hment-law.html and look under the Maximum Allowable Garnishment and Exceptions sections - specifically (b)(2) where it states:

                  The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed -

                  (A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per cent of such individual's disposable earnings for that week;
                  (Bold is my emphasis.)

                  How much of your monthly income is 'disposable wages'? ('Disposable wages' is the amount of earnings left after legally required deductions have been made for federal, state and local taxes, Social Security, unemployment insurance and state employee retirement systems.)
                  I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                  06/01/06 - Filed Ch 13
                  06/28/06 - 341 Meeting
                  07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                  10/05/06 - Hearing to resolve 2 trustee objections
                  01/24/07 - Judge dismisses mortgage company objection
                  09/27/07 - Confirmed at last!
                  06/10/11 - Trustee confirms all payments made
                  08/10/11 - DISCHARGED !

                  10/02/11 - CASE CLOSED
                  Countdown: 60 months paid, 0 months to go

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                  • #24
                    Come move to Florida. You're house is totally protected and if you are the head of the household, they can't garnish your wages, either. You can even have a bank account with up to 6-months wages completely exempt (as long as you are the head of household). It makes it quite difficult for them to do anything, unless you didn't pay your taxes, student loan or child support. Most all IRA's and 401ks are exempt as well. Now I know why OJ moved here! Thank God I live in Florida.
                    Last edited by Luckyirish; 02-08-2010, 12:22 AM.

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                    • #25
                      If you have very recently changed employment, how does the firm attempting to garnish wages find out where you work ?
                      Do they call and ask, or is their an automated process for them to find out who you work for ?

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                      • #26
                        On workers comp

                        I got hurt at work last year and I'm on workers comp. I just got a letter in the mail from asset acceptance stating they purchased an account I had with Citibank and they now want the $17,837.91 I didn't own Citibank that much. I checked my credit report Citibank did charge it off but nothing on the report from Asset Acceptance as of yet. I just had a couple of questions.

                        Can they garnish my workers comp checks?

                        Can they ask for more than what I owed?

                        How can one of my credit reports say charge off and another say settled?

                        I am so glad I found this site
                        Azstac

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                        • #27
                          Can they garnish my workers comp checks?

                          Generally no, they cannot garnish workers comp. directly, but they can garnish a bank account and then you would have to go into court to get the money back.

                          Can they ask for more than what I owed?

                          Interest, collection charges, etc, continue to accrue on the account, that is why the number is higher than you remember.

                          How can one of my credit reports say charge off and another say settled?

                          Probably an error. However, in your explanation, you don't explain what is happening on your credit report, so I have no context to answer your question.

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                          • #28
                            Originally posted by HHM View Post
                            Can they garnish my workers comp checks?

                            Generally no, they cannot garnish workers comp. directly, but they can garnish a bank account and then you would have to go into court to get the money back.

                            Can they ask for more than what I owed?

                            Interest, collection charges, etc, continue to accrue on the account, that is why the number is higher than you remember.

                            How can one of my credit reports say charge off and another say settled?

                            Probably an error. However, in your explanation, you don't explain what is happening on your credit report, so I have no context to answer your question.
                            I pulled my credit report to see how much this has taken a toll on my credit report. I have three bad accounts.

                            First is citibank for 9,000 it's a charge off
                            second is chase I settled for for less than what I owed...(bad mistake)
                            third is collection service bur This is for a medical bill


                            Experian says
                            settlement accepted for the citibank
                            settlement accepted for the chase
                            collections for the medical bill

                            TransUnion says
                            COLLECTION SERVICE BUR Collection
                            CHASE BANK USA NA Settlement Accepted
                            CITI CARDS/CBSD NA Charge Off

                            I am still waiting on Equifax to see what they have.

                            I guess I'm going to have to resort to paying by money orders again. Close all accounts and go into hiding. I don't have the money to give them now that I can't work and get less then I was even making before. I'm not some smuck. I was married and had three major surgeries and when I was trying to heal my husband charged a lot of debt on my accounts and then yep ya guessed it he walked out on me. I got stuck paying all the bills. I was doing fine until two years ago. Well enough crying on this site. Sorry for the babbling. I sent this Asset Acceptance a letter to get this verified and I am waiting for there response. I was looking into Lexington Law as maybe some help but I got taken before when I needed help. Debt Settlement USA got me for 5,000 and lost my 401 and savings that put me in the predicament I'm in now. So In close just looking for advice.
                            Azstac

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                            • #29
                              We are a family of 4- 5800 take home pay per month. Current deductions are at 4 state/8 Federal Exemptions

                              Upping the 401k to 1268 per month, to take that down to 4532 take home.

                              Then take the deductions down to 0, that would take us to 662 more being taken out in taxes (that we would get back) so that would take our take home pay down to 3870, per month in take home pay.

                              Is there anything I'm leaving out? Because that gives them (at 25%) 967 a month towards the debt.

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                              • #30
                                and one more very important question. Can bonuses be garnished?!?!?

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