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Wage Garnishment, Nuts and Bolts

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  • #31
    In most states, you will be garnished on the amount of disposable wages prior to your 401 contribution. In my state, I simply run the paycheck calculation (free paycheck calculators online) and put in the 25% post-tax garnishment. Don't assume your 401 contribution will reduce your amount of disposable income.

    Funds placed in your 401 and funds you contribute are generally exempt from seizure once they are in your 401 account, but you cannot use it to reduce your disposable income.

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    • #32
      My husband has been notified of a garnishment, however, the judgment, and subsequently filed garnishment paper work, were obtained in the state we live in, IL, but he works in a different state, MO. If I read the first comment correctly this means they will have to get the initial order signed in IL where they are filing but then they'll have to have it recognized in MO. Is that correct? And if this is the case, which state percentage will they take? In IL the percentage is 15 but in MO it's 20 or 25.

      Thanks for any help

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      • #33
        Each state can handle domesticating foreign (out-of-state) judgments differently.

        Since it will be a judgment that is enforced, I assume that the garnishment % will be ruled by the court that holds the judgment.

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        • #34
          SO how quickly can Amex or any CC get a wage garnishment against you? We just stopped paying 2 weeks ago on all of our cards. Someone told me I have about 2-3 months before I might see a garnishment. Does anyone know the laws in NE?

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          • #35
            @Juice:

            A judgment is needed in order to garnish one's wages. You likely have a few months before they sue you, and the process can be dragged a bit more if needed.

            My guess would be that you have at least three months before anything happens.

            Good luck.
            No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

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            • #36
              A default judgment against me was won by my creditor, and before an income execution was served upon my employer, I was able to receive a conditional release on my bank account if I agreed to make voluntary payments of 10% of my gross income to the Marshals. This way the employer was never served and they don't even know about it.

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              • #37
                How will I know if they get a judgment against me or trying to get a judgment?

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                • #38
                  Originally posted by Juice View Post
                  How will I know if they get a judgment against me or trying to get a judgment?
                  If someone is suing you, the papers will have to be served...

                  Good luck.
                  No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

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                  • #39
                    I have a question - I MAY be in a predicament like outlined above - is there ANY way to protect a bank account? And, how would they know where I bank? Is that on the interrogatory AFTER I...eventually lose?? The reality is if I get garnished in my present job, I'll lose it - yes yes I know, but the reality is that if "they" want to get rid of you, they will.

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                    • #40
                      Originally posted by IamOld View Post
                      I have a question - I MAY be in a predicament like outlined above - is there ANY way to protect a bank account?


                      Click here, read all the pages of the discussion, and decide for yourself if your money is safe in a checking account ... http://www.bkforum.com/showthread.ph...1-Exempt-funds


                      And, how would they know where I bank?

                      Credit Reports, ChexSystem, Any payments you make by check to them or one of their affliliates, and sometimes use private detective software to find that information.

                      Is that on the interrogatory AFTER I...eventually lose??

                      This is another method they can use as well.

                      The reality is if I get garnished in my present job, I'll lose it - yes yes I know, but the reality is that if "they" want to get rid of you, they will.

                      Yes, it does happen, because it is a lot of paperwork to deal with for your employer, and it makes you look like a bad risk to them. If you really want to keep this job, you may want to file bankruptcy as soon as possible. I have temp jobs and self-employment stuff, etc..., so I never worry about my wages getting garnished. They would never be able to figure out who was employing me in enough time to go through all the paperwork necessary to garnish my paycheck. No one has even tried yet.
                      ...
                      The world's simplest C & D Letter:
                      "I demand that you cease and desist from any communication with me."
                      Notice that I never actually mention or acknowledge the debt in my letter.

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                      • #41
                        Thanks!!!! hopefully we can file before even first hearing for this collection case

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                        • #42
                          Incidentally, a collections attorney was dumb enough to post a collection activity log as part of a bankrupcty filing so I got a whiff of how they ferret these things out. They go to a utility like Verizon and wave a subpoena around (just some papers they type up, not a judge's order) and Verizon gives them all billing and payment information for their customer. Then, you Verizon bill having been paid with a credit card, they repeat this process with the credit card bank to find out where they're getting payments from. Then they try to garnish the bank account.
                          filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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                          • #43
                            catleg and all - is it possible to "hide" a bank account? In other words if I let them find the one I'm using - which is easy because I'm paying my mort from it...I have one in another state (ok close by) that may not be something they would think about...it's a small outfit...OR do they just blanket subpoena every bank for little old me in our our entire area?

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                            • #44
                              My lawyer just recieved a check from the law firm garnishing our wages for the 90 days pre Bk filing. He is asking for 1/3 of this check and wants me to sign the check over to him and he will issue me a check for 2/3 of the money.

                              Is my lawyer entitled to a portion of my garnished wages after they are recouped post bankruptcy? If so, how much?

                              sidenote: his leagal aid mentioned that he will take a portion but not the amount and we have signed nothing agreeing to these terms.

                              Thank you for any advice.
                              Last edited by 1mquestion; 07-07-2011, 07:15 PM.

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                              • #45
                                It sounds as if the attorney did this work for you, and he/she probably has a right to charge you additional fees for services not originally agreed upon in your BK case. You did probably sign some form retaining the attorney to handle your financial matters, temporary or otherwise. I would look through all the paperwork from the attorney and see what you may have agreed to. Just thinking out loud here.

                                You might want to repost your query in a BK topic thread.

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