Advice on Judgment Garnishment - The Bills.com Blog

I think I'm about to have a judgement placed against for an unpaid balance at a supply store I had an account with ,..I live in SC ,so I know they are not able to garnish my wages ,but my concern is will try to put a levy on my bank account ,I'm not sure how common levying a bank account is in SC

I cannot say for sure as to how common, a bank levy is in SC, but you cannot rule out the possibility. The best place to ask would be your bank itself.

Can a Bank in New York State levy a lien against property I hold in Texas? Also can they put a restraining notice against a checking account in Texas?

I am guessing your question pertains to a judgment. I am not sure if the bank in New York can put a lien on your property in Texas, given that Texas has homestead protection if the property is your primary residence. On the other hand the bank may succeed in doing so if it can establish that the home in Texas is not your primary residence. Either way, doesn’t take my word for it; contact a qualified attorney to clarify the ramifications of your situation. The creditor can locate any monies you have in bank accounts and seize them. There are businesses that specialize in helping creditors and debt collection agencies locate all of your assets, including all of your bank accounts. If the creditor finds any money you have that is not exempt from seizure by your state's laws, it will use the judgment to levy your bank account.

i had a judgement filed against myself by wolpoff & abramson for a unpaid cell phone bill from 6 years ago. the bill was unjust but i did not fight it. these people put a levy on my wifes' and i account. my wife opened a separate account under her name only. right now there is a hold on my account for approx. $2248.00, there is no money going in to this account, until our stimulus check is deposited in may. the funds would go directly to those people. my wife and i need this money, w&a's paralegal say tere is nothing they can work out. is there any way to get this hold off my bank account? thank-you for your advice.

If the judgment has already passed, there is little you can do to remove this bank lien. You can try to open a different account or deposit the stimulus check into your wife's account.

I was unaware that SC could not garnish wages. Is this true? My (small husband/wife owned) employer garnishs peoples wages on a regular basis. Is this legal?

Looks like you are right (http://www.bcsalliance.com/debt1_southcarolina.html). Wages seem to be a 100% exempt.

will it be possible if we can stop the levy of getting money to our bank account?The bank gave me the number to call the company responsible of taking out the money & was advised to call back on the 20th of June to make payment arrangment? If the judgement was made do we still need to make payment arrangement?

Even if the judgment was issued against you, you can still talk to the company to make other payment arrangements so that your bank account is not garnished. You need to ask for a copy of the judgment to see what the terms of the repayment plan are. In case you are fine with the current arrangement, then there is nothing that you need to do, the payments will continue until the debt is paid off.

my bank account closed my access to my atm card but my account is still open why is that and they show no restraints on my account that supposedly has a levy on it how can i find out if this is just a minor mistake i never received any letter saying i owed anybody and i checked my credit report from all three credit companies? please help i'am scared

There is no need to panic, just speak with your bank to see what is wrong and tell them that you need access to your ATM card. For all you know its a minor issue such as the validity of the card having expired.

If a debt collector has a judgment issued against me in one state. If I open a bank account in another state, are they automatically entitled to seize assets from that bank account without a judgment obtained from that particular state?

Once a debt collector is successful in getting a judgment in their favor, they can pursue to garnish your bank account if the state law allows it. This does not mean that they have to get another judgment in the current state that you reside in. If the state that you currently reside in allows garnishments of your bank accounts, then the debt collector will be able to pursue their collection efforts here as well. For more information on collection laws, please visit http://www.bills.com/collection-laws/.

I currently have 4 judgements against me, I also am paying the one back by wage garnishment...The lawyers handling all 4 accounts have also put levies on my home and vechicle and put a bank freeze on funds from my bank account...I have gone to the court to oppose the levy's, I filled out an objection notice and I have a wage hearing tomorrow..would you consider this harassment, I mean there getting me from every angle...There already being paid maybe slowly but they get there money faithfully every week out of my paycheck...Is the judge the person who can lift the bank levy? I am a single mom who puts every penny I have in the bank to pay my bills and they come along and just take it, to were now I can't pay my house tax or mortgage.....Any advice Thankyou. Tonya

Hi Tonya. I’m sorry to hear about the financial strain that these judgments are causing you and your family. My first piece of advice would be to go speak with a qualified bankruptcy attorney in your area as soon as possible to discuss the options available to you in this situation. Generally speaking, a creditor who has a judgment against you can take whatever legal steps available to it to enforce the judgment, including wage garnishment, bank levies, liens on property, etc.; from your question it sounds like all of these are happening to you simultaneously, which is legal in most states. At your court hearing tomorrow, you may be able to convince the judge that the actions the creditor is taking are causing undue hardship on your family; depending on your state’s laws, he may be able to limit the creditor’s enforcement action going forward and may be able to reduce the amount they are garnishing from your paycheck. However, the only definitive way I know to stop a creditor’s enforcement action in a situation like yours would be to file for bankruptcy protection. Since I am not licensed to practice law in your state, I cannot provide you with legal advice, and thus cannot tell you whether or not you should file for bankruptcy protection, or even if you qualify. If you would like to read more about bankruptcy, I invite you to visit the Bills.com Bankruptcy Resources page at http://www.bills.com/bankruptcy/. Whatever action you are considering at this time, I strongly encourage you to consult with an attorney in your area to determine what options are available to help relieve the financial stress caused by these judgments so that you can use your money where it is most needed, on your family.

with the ecornomy being the way it is i am behind on alot of credit cards now they write me letters saying if i dont pay a certain amount that they our going to put a judgment against me i live in pa with 2 young children having it rough to make mortgage and electric bill what should i do they wont let me pay little by little

They are just using scare tactics, if they proceed with a court case, you need to be notified in writing and summoned to court, where you can present your case and I am sure the Judge will take a look at your situation and insist on a payment plan. Meanwhile, you should look into a debt settlement program, to see if you qualify and how much they can reduce your debt, based on what you can afford.

I have 2 garnishments from the Marshall's that are pending, I was never served court summons or received a certified notice but my employer has just received their notice. The garnishments are for unpaid credit cards, the actual limit on 1 card was $1200, judgment is for $4100, the other card limit was $350 , judgment is for $1500. I live in NYC what can I do to stop this? I have a baby, and I believe there will be more creditors on the way. Can I contact the credit card company & settle or is it too late? Should I file for bankruptcy? YThanks- your advice is greatly appreciated.

The first thing that you should do is consult with an attorney in New York as soon as possible to discuss this situation and determine the best way to proceed in resolving the garnishments. Unfortunately, it is not uncommon for consumers in New York have judgments entered against them without being properly served a summons and complaint. In order to determine why the court entered judgments against you on these credit card debts, you may want to visit NYC civil court which issued the judgment to obtain a copy of the case records; most importantly, you should request a copy of the "return of service" which should detail how the creditor claims you were served with the summons. Often, consumers will find that the summons was served at an unknown address or to a total stranger, which could make fighting the judgments easier. The NYC Civil Court's website, http://www.courts.state.ny.us/courts/nyc/civil/civil.shtml, lists the locations of the various court divisions in the City along with other information which you may find useful. You may be able to have these judgments set aside by the court due to the fact that you were not properly served with a summons and not given an opportunity to argue your case. Your attorney should be able to assist you in filing the appropriate motions with the court to begin this process; you need to take action as soon as possible because you probably have a limited amount of time in which to file your motions. Having the judgment set aside will not make the debt go away, but it would stop the garnishment and allow you an opportunity to defend yourself in court. It may also provide you with additional time to raise funds to try to negotiate settlement on these debts. In a worst case scenario, you may be able to file for bankruptcy protection to stop the garnishments and discharge these and any other unsecured debts you may owe. Your attorney should be able to tell you the best way to resolve these debts and if bankruptcy is a viable option for you and your family.

i am on social security and mt money goes into the bank can a gredit company take what my social security puts in the bank?

Social Security income is always protected from garnishments. No credit card company can just take your money. They have to go through the process of litigation in court and successfully get a judgment against you. But, when in court, once the judge will always exclude fixed income from getting garnished. If you are being sued, you should get help from a qualified attorney as soon as possible.

I sold a business, but the buyers never paid the $175,000. If I take them to arbitration and get a judgement against them, but they file bankruptcy in the meantime do I have any recourse to get my monies.

Honestly, if a debtor files bankruptcy, even after you have obtained a judgment against the individual or company, it can become very difficult, if not impossible, for the judgment creditor (you) to enforce its judgment. Whether or not you will be able to recover any of your money will depend on what type of bankruptcy the debtors file. If they file a Chapter 7 liquidation bankruptcy, thier non-exempt assets will be sold by the bankruptcy trustee; if they have any assets to be sold, you may receive some money, but it is probably unlikely. If the debtors file for Chapter 13 bankruptcy, in which the debtors would make payments to the courts to be distributed their creditors, you may receive payment for a portion of your judgment; it is relatively uncommon for non-priority creditors (which include most debts other than student loans, taxes, etc.) to receive the full balance they are owed. You may be able to challenge the dischargeability of the debt owed to you if you can show that the obligation was incurred fraudulenty, or possibly for other reasons. For example, if you prove that the debtors incurred this debt with no intention of repaying you, or if they lied about their ability to repay you, the court may rule that the debt is non-dischargeable, allowing you to enforce your judgment as allowed by your state lab, possibly including seizing assets, garnishing wages, etc. I strongly encourage you to consult with an attorney as soon as possible to discuss the options available to you to enforce the debt.

My son went to the dentist in 1999, my ex said he paid the $265.00 bill as he was court ordered to do. In 2000 my bank accout was garnished in the amount of $700, 2 x debt + $75. for the banks bother, for payment of this dental bill. Now in 2008 they are trying to recollect on this same bill! In 2003 they tried it and I signed papers disputing the debt, this is the first I've heard from them since then....what are they up to and how do I fight it? Can they take my bank accoutn again for the same debt?! Now they are trying to collect over $400.00 on a debt that was originally $265.00!?

You should have clarified with the lender (when your bank account was garnished) as to whether they would report the debt to the bureaus as paid in full with a zero balance. They cannot collect on the same debt again. If you have the proof of payment, you should present it to them. Also, ask them for a debt validation letter. Meanwhile, you should check on your credit report to see if this account shows up and if it does, when was the last payment made. If a specific number of years have passed since the last payment, then you might not have to pay the debt based on the Statute of Limitations in your state (you can check for your state info at http://www.bills.com/collection-laws/.

I HAVE OVER $70,000 IN UNSECURED CREDIT CARD DEBTS. I OWN NO REAL ESTATE, AND VERY LITTLE OF VALUE OTHERWISE. A BANKRUPTCY LAWYER TOLD ME THAT I WOULD BE PAYING $1400.00 A MONTH; THAT'S MORE THAN HALF MY NET INCOME! I'M THINKING WAGE GARNISHMENT AT 25% IS MUCH BETTER, SINCE IT WOULD ONLY TAKE $675.00, AND LEAVE ME WITH SOME MONEY AT LEAST!

You seem to have done your research. If you do not have assets such as a home, then the recourses available for credit card companies is pretty limited and varies from state to state. Keep in mind that a wage garnishment can only happen after the creditor successfully gets a judgment against you, and will depend on how many of your credit card companies will actually decide to sue you in court. You can also try the services of a debt settlement program. These programs will have you save a specific amount each month in a savings account and will negotiate lower lump sum settlements on all your accounts. A good company is Freedom Debt relief. You can get a free savings quote (based on your specific creditors) by calling 1-800-544-7211 or by visiting www.freedomdebtrelief.com. All the best.

I live in CA. and owe both State and Federal taxes, is the 25% garnishment rule applicable in my state? How many garnishments can be active at a time? I have had a call form a debt relief firm telling me that the Feds or State can garnish my entire paycheck is this true? Thank you OED

The IRS and government does live by a different set of rules, I believe. I'd recommend calling a tax resolution firm for your IRS Debts. Start out by calling Freedom Tax Relief and see what they can do for you to resolve the IRS debt problems.

Hi, How long does a creditor have to remove any lien off your bank account once you satisfied the judgement? I live in New York. Thanks!

Once the judgment is paid off, the county clerk will enter a Satisfaction of Judgment in the court record. This will show that you have paid off the judgment. He will also contact your judgment creditor and inform about the payment done. Remember, you need to keep a watch on your credit report and see if it's updated. If it is not, then you will have to contact the creditor and ask them to update the status of the account. Once the creditor updates it, it should reflect on your credit report in 30-60 days.

If the same creditor has several judgments against you over a period of time for a revolving account can they include all the judgments in one garnishment or do they have to file the garnishments seperately since they were for different judgments? Also are they allowed to garnish your wages through your employer if they are in a different state?

That really depends on how the creditor wants to deal with it. Judgments can be enforced across the states.

I have an judgment against me for 13,000. One month ago a one time levy emptied my account for 4,000. I have not heard anything since that time. I know the judgment is good for 10 years....what do i do now?

You will need to follow up with the company that obtained the judgment against you, and ask them about the specifics of how they are going to deduct the future amounts. You will also need to go through the terms of the judgment to see how it specifies that your accounts be garnished. A lot will will depend on state laws, you can read more at http://www.bills.com/collection-laws/. You should also look at all three of your credit reports to see how this debt is being reported.

I have a jugdement of $3000 that with interest is now $7000. When I was served court docs I had already moved from MI and NV. I now live in NC and received word a lawyer was filing a foreign judgement. I don't rememeber the debt, but I can't deny it. I am open to paying. What is the best way to proceed.

Find out the details of the judgment (get a credit report) and contact the entity that won the judgment against you. If you let them know what happened, they might still reach a payment agreement with you.

Can you tell me if a judgement can be filed without being personally served or notified that it is happening? I live in New York.

For things like IRS debt, you do not need to be formally served... but for stuff like credit card debt I sure think that you need to be served in person or through a representative. You should talk to an attorney in your area, since you might not have been served and just got a bad judgment (but they'll just likely reissue service and then get you, so you're not free of the debts).

I live in the State of Washington, Clark County. I was never served papers, yet a judgment was made against me and I'm now being garnished. Is this legal or can I fight it and/or will their never serving me make the judgment void? Will they be able to refile? Thanks for your help!

In the legal trade, what you are asking are known as "civil procedure" questions. One very important element in an effective lawsuit is the defendant receiving an adequate notice of the filing of the lawsuit. You mention that you were never served papers. I'm guessing that what you mean is that you never had a process server show up at your door, hand you an envelope while saying, "You are served!" like we see in the movies. Notice by that means may not be required in Washington -- I don't know civil procedure law in Washington. In some states all the plaintiff (the creditor in this case) need do is send a certified letter to the defendant's last known address. Talk to an attorney in Washington and ask him if the creditor gave you adequate notice of the lawsuit. If he or she doesn't think so, discuss the option of fighting summary judgment. A judge may agree you did not receive adequate notice of the lawsuit and throw out the summary judgment that paved the way for the wage garnishment. Keep in mind, however, that if the summary judgment is dismissed and the garnishment is removed, this will not make the debt disappear. The creditor may restart the process, only this time making certain you have adequate notice. If you are able to reset the clock, as it were, perhaps that would be a good time to open a negotiation with the creditor on repaying the debt so that both of you can avoid the expense of going to trial.

As a college student my roommates and I had a problem with a landlord in Pennsylvania and took him to court in his hometown. Of course we lost. We were ordered to pay $4000. We agreed to split it three ways. One of the roommates never paid her share and there was a balance of $500. I was never informed of this. I went to get a loan and had a lien for $4000. I immediately paid the outstanding balance. The landlord then said he wanted the court fees to remove the lien. I paid it. I kept in touch with the courts via letters about everything going on. Once it was paid I figured it would be removed as promised. A year later and I found out it was removed. I wrote to the courts and they said they can't do anything. Originally they told me he had a certain amount of time to remove it. What do I do now?

I am not a Pennsylvania attorney, so I do not know the intricacies of PA civil law to give you the definitive answer. My advice is to send the landlord a certified letter containing copies of your correspondence with the court, and ask him or her to send the court a letter explaining that the debt has been satisfied and the lien should be removed. If that is not effective, then you will need to contact a PA attorney to determine your rights.

i live in south carolina but work in north carolina, right across the state line. Can my wages be garnished for a judgement for credit card bils?

Generally speaking, your residence determines which garnishment rules apply to you. See the the Bills.com State Consumer Protection Laws and Exemptions page for what percentage of your wages are exempt from garnishment.

I live in Maryland and a foreign judgment was file against me in DC. The creditors company took the judgment to DC because they found out that I work in the city and the judgment / garnishment in Maryland was dropped by creditor because of lack on employment. Now, what concerns me is that this creditor has been receiving some form of payment from me each month. Now no official pay amount has been set up by me or by the creditor but I send them something each month. This debt is over seven years old there where times of hardship and low wage employment but I did my best to send them something. Now, the creditor is trying to get almost 9,000.00 from me with this garnishment when in fact I have sent them over 2200.00 in money orders to them. I have set in motion to take this case to court to have the garnishment reduced. I will present to the court most of my receipts dating back to 2004 to the present and let the courts know that my job is a temporary job where I do not have normal work weeks or continuous pay periods. The paycheck from which the first garnishment took place was the first pay I had in three weeks. Now, my issue is that I can not prove that the amount of money I said I sent to the creditor was sent to them. I contacted one of the Money Order Company’s via phone and I can check on whether the money order was cashed up until a certain month and year but to obtain an actual copy of who the money order was made out too would cost more than to send a payment towards the debt. Now, I just flying by the seat of my pants here but I want to know whether or not I’m headed in the right direction to going back to court and settling this. Thanks in advance for any advice that you may give me.

Once a judgment is passed, it is difficult to go back to court to re-adjust the terms. I would suggest that you consult with a qualified attorney to see what your options are at this point.

My check is currently being garnished for a vehicle that was repossed in 2005. It has been garnished once and I was never served with any papers summons to go to court and never had a fair trail. So the garnishment lasted for 6 months and now my check is being garnished a second time for the same thing. I would like to know if they can garnish a second time with only one judgement and how coud they garnish my check without ever serving me with any papers to go to court. And also when my check was being garnished the first time they were charging me a very high interest rate toward my balance. I cannot afford to have my check garnished at 25% because I am unable to afford basic neccesities with a child. Is their any way I can get the garnishment dismissed on the ground that I was never served properly or if I cannot get it dismissed can I at least get it lowered from 25% to 10% or 5%? I live in the state of georgia please assist.

Karmela, I think the first thing that you need to do is find out the exact details of the judgement order that was passed. As far as the papers not being served to you, you should know that the creditor is only obligated to send you a notice by mail to the last known address that they have on file. If, in the interim, you happened to move, it would be your responsibility to update them with your current address. Once they prove to court that they had sent you the notice and if you did not appear in court, the court will pass a default judgment against you. Once a creditor obtains a judgment from court, they follow the state limits with respect to the amount that they can garnish your wages. In the state of Georgia, the limit is 25% of your paycheck. The garnishment will continue till you repay the amount that you owe as per the judgement that was passed. I suggest that you contact an attorney to determine the status of this judgment and your available options.

I read two sides of the coin. I read that social securiy income and pension cannot be garnished by consumer credit and at the same time yes which is true?

Paul, I don't think that you can garnish sources of income that are from SSI or pension payouts. I think that a bank account who has a source of funds from fixed income also has exemptions from being levied, but ask an attorney.

My question involves small claims court in the state of: Oregon. I used to live in Oregon, I moved to California in Sept 2004. I just found out about a judgment against me in Oregon. It appears to be from Oct 06, I don't have a copy of the judgment and I’m not sure what I was sued for. They had a Postal Annex address that the company I worked for use to have. I tried to call, the Postal Annex is no longer there. I'm wondering what to do. Can I request that it be thrown out due to me not living in the state or the fact that I was not personally served?

The Oregon State Bar offers a helpful guide to Oregon small claims court procedures. I suggest you consult with an attorney in Oregon in the city where the judgment in entered to investigate the case further and determine who the plaintiff is and the amount of the judgment. In Oregon, the small claims court can hear a case with amount in controversy up to $7,500, so the judgment against you may be substantial. I recommend you ask your Oregon attorney your excellent civil procedure question. You may be right -- there may have been a defective notice given you under Oregon law. However, that is best answered by an Oregon attorney who can review all of the facts and circumstances surrounding your case.

Back in March 2006 I attempted to purchase a car (in Florida) and dealership required a down payment. I did not have the funds available then but dealership allowed me to give them a postdated check of $1700 approved through Telecheck. Unfortunately I was not able to honor that check and I also was not able to make payments so the car was repossessed a few months later. Both Telecheck and Americredit tried to contact me for payment but were unable to pay either one. Had then moved to Tenn in Jan 2007. Had not heard from either until I got a call from a company called Check Collection & Assoc in Mar of 2009 saying they were representing Telecheck and that I would go to jail that night if I did not pay the $1700 owed. This scared me so much since this was a "bad check", and I know you can go to jail for bad checks, that I paid them but then I thought about it and contacted Telecheck and they told me that they did't have any records of this debt anymore and didn't know who these people were. Was this a scare tactic and if so, what's my recourse.

First, do not believe legal advice from collection agents. The information many collection agents provide consumers is usually wrong or incomplete, and is always self-serving. The truth is that no one has gone to jail for debt since the Civil War. Unscrupulous collections agents will invent criminal laws such as "theft by check" in an attempt to frighten consumers who are unaware of their rights into making a payment immediately. To understand more about your rights in the collections process, read Collections Advice. My guess -- note that word choice -- is that either Telecheck or Americredit sold your account to the collection agent that contacted you. On the other hand, you may have been scammed by someone who got a copy of your credit report. If you have documentation, such as letters from the collection agent, then the chances of you being defrauded are lower than if some voice called you from out of the blue. In the future if you are ever in this situation again, send a payment only after receiving a settlement offer on paper.

Everybody STOP, educate yourself. DO not pay anything on an unsecured debt(credit card) that has expired. Not one effin penny, or you'll begin your states statute of limitations all over again. GO to a judge and tell him the alleged (debt always alleged, never admit to it) debt is expired, the judgment should be thrown out, period.Credit cards cannot throw you in jail or have you arrested. They cannot take your house (homestead it anyway to protect yourself) most debt collectors threaten you with fake litigation charges to dupe a person into paying a debt that has already expired. They cannot garnish... social security, unemployment, child support and many other forms of income. Check with your legal aid center. BE your own best advocate. Become familiar with The Fair Debt Collections and Practices Act. Download a phone script, threaten to sue (and have proof, recordings, mail etc) any debt collector that breaks the law. Know your rights. And for anybody who is married. My sister's husband owed over 20, 000 in credit card debt and they never came after her. Take your money out of the bank if you have to. NEVER agree to any payment arrangement. The debt collectors paid pennies for your debt, the credit card companies already wrote off your debt after 180 days of default. It's nothing but a big scam. Watch Dateline's March 27, 2009 episode on venal debt collectors and I guarantee, you will never send this vile flotsam business one dime. EDUCATE YOURSELF. KNOW YOUR RIGHTS. go to your nearest legal aid center, or law school...BE proactive...always send your letters certified...AND DO NOT LET DEBT COLLECTORS VERBALLY ABUSE OR TERRORIZE YOU....EVER....

I have many judgments filed against me in the state of MI. I am working for an out of state company, who has sent me out of the country to work for them. I do not have a bank account set up in MI. My checks are deposited into my dad’s checking account to protect me from a writ. Can the creditor contact my out of my state employer and garnish my wages directly from my employer? Can they garnish my dad’s account? Currently I am working under the radar so I can re-establish myself financially, and file bankruptcy due to massive debt accumulated from a business I owned. I must elude theses problems temporarily for that reason! Thanks for your HELP!!

A creditor can demand an employer honor a garnishment order regardless of the location of the employer's headquarters or payroll office. If the creditor can show the court that a debtor's pay is being deposited directly into the account of a debtor's family member, the court will probably allow the creditor to levy the contents of that account.

I have a garnishment against me for a student loan in the state of Georgia. My wages have currently been garnished for a year and now I am wondering if there is any way I can get this garnishment removed. I now have a good job and would be more than happy to start making payments but the amount that is being garnished is rather high and causing me to not be approved for a mortgage.

Put together 30% of the remaining balance, contact the creditor, and offer to pay-off the balance in a lump-sum settlement. See Debt Negotiation Advice to learn tactics and strategies for dealing with collection agents.

My Mom lives in PA and received a judgement against her from a collection agency who claim they bought out the debt from First USA. Can she still request a debt validation? Is this a smart course of action at this point or a waste of time since she didnt do so before the judgment was set forth?

At this point, with the judgment in hand, the creditor has no obligation to validate the debt. Therefore, your mother needs to consult with an attorney in Pennsylvania who has experience in consumer law. Your mother should ask the attorney if she can ask the court to vacate the judgment while the debt is being validated. This is an uphill battle, and should have been done before the case went to trial.

Judgement filed in south carolina for mortgage 2002 for past due payments. Work with creditor to get payments caught up. Mortgage company sold mortgage to third party. They took us to court for the entire balance or the removal of the home in 2007. They have since garnished my wages through courts in Utah where my home office in March 2008. They took the home in June 2009 and my wages are still being garnished. Spoke to a lawyer in South Carolina and he said the original judgement reads after the home has been removed the jugdment has been settled. He suggested we get a lawyer in Utah to help stop the garnishment since it was illegal in the first place because of South Carolina exemption. I cannot get any help from Utah. Is there petition the courts myself?

I agree with your SC attorney's opinion -- you need to find an attorney in Utah willing to handle this case if the garnishment was handled by the Utah courts. Be persistent in trying to find an attorney in Utah experienced in consumer law. You can file this yourself, but then you are not present in Utah and have no knowledge of Utah's rules. By the time you educate yourself the garnishment will continue to eat away at your paycheck.

what is the statue of limitation that an attorney can file on behave of a creditor. An attorney filed to garish my check in one county in which I lived back in 2007 at that time i became unemployed. so therefore it was unsuccessful. Never heard from him until recently, he has filed against me again in another county district for the garnishment. The bad debt was to come off my credit this year. How many times can a lawyer file for garishment. and why didn't he go back to the original garishment?

The answers to your questions are dependent on your state of residence, which you did not include in your message. The statute of limitations for collecting a debt varies by state and the date that a derogatory item on a credit report is a federal rule. The two have no relationship legally. See the first two sections of Charge Off, Credit Report, Statute of Limitations & Merged Creditors to learn more.

I had just recently discovered that my wages have been garnished without any type of notice..My employers did not tell me and I was also not summons to appear in court. When I finally found out (through my check) I contacted the lawyers office that is suing me and they told me that they were not obligated to summons me or give me any thing stating my wages were going to be garnished. Is that legal in missouri?

The attorney you spoke to represents the judgment-creditor and not you. He or she is duty-bound to speak the truth, but is also duty bound to represent his or her client zealously. Therefore, consult with ANOTHER attorney in Missouri regarding Missouri Revised Statute Chapter 525 -- Garnishments and ask your question again. Missouri's statutes regarding garnishment are somewhat intricate. However, I find nothing to support the judgment-creditor attorney's contention that no notice is required.

i just recieved notice that my bank account has been garnished. It was garnished for 3100 dollars and the judgement was like 6600 dollars. They haven't garnished my wages as of yet. I was told that they can garnish my bank account for whats in it at that time and then if that doesnt cover the debt they have to get another judgement to garnish again...is that true? Or will the bank just freeze my account until the debt is paid (worried becuase my check is direct deposited and I'm the only one working and we have a small child so we would have NO money).

The judgment creditor can continue its collection efforts until the debt is settled. In this situation, contact the judgment-creditor and negotiate a payment plan. Simultaneously, contact the human resources or payroll department at your employer and either change the account into which your wages are deposited or change your pay so that you receive a live check, which you can deposit into an account of your choosing. You cannot do this for long, however. The judgment-creditor has demonstrated it is willing to exercise all of its rights when collecting the debt, and a wage garnishment (if allowed in your state) may be the judgment-creditor's next action. Therefore, as I mentioned, it is important to open negotiations now.

Thank you so much, I have already had my direct deposit stopped. My next step will be contacting them to work out a payment plan.

can a judgement garnish a person on long term disabiity payments? I am not on Social security diability, but disability payments are being sent from ann insurance company Thanks

It is not possible for me to answer your question for two reasons. First, each state has different garnishment rules and I do not know your state of residence, so therefore it is impossible for me to say what rules apply to you. Second, garnishment rules vary depending on the reason for the garnishment. Child support is treated differently than a credit card debt, for example. You do not mention the reason for the garnishment, so even if I knew which state you reside in it would not be possible for me to say for certain if your garnishment was allowed.

I have a judgement file against me for about 20,000. i recieved a letter from the constable stating to call immediately to discuss payment of an execution of judegement. will i still be able to make payment arragements and not have my property seized

Maybe, and the answer depends on your state laws. There is one way to get a definitive answer to your question: Call the constable. It is unfortunate you did not deal with this issue sooner when you had more options for resolving the debt. I urge you to consult with an attorney in your state who has experience in bankruptcy law.

I went to a school here in Michigan in 2001 my employer at the time offered tution assistance...I took advantage of that program and enrolled in some classes...I was in an abusive relationship and could not finish the class so I dropped out...In 2004 I left my crazy ex and moved out and in with my mother....In December of 2009 I get a letter from my employer stating that I was being garnished by a lawyer.....I contacted the law firm and they said that the account had been forwarded to them in 2004 I asked if I could make some type of arrangements they told me no I would have to pay the debt in full..I contacted my previous employer who advised that the only time that the tutition assistance voucher would be valid is if I pass the class with a c...Which I did not because I dropped out......After that I contacted the court they served the summons and complaint to an old address where I lived with my crazy ex boyfriend....I never got anything and now I am being garnished about to lose my apartment because I can't pay my rent...I have proof that I no longer lived at that address because I filed a PPO against my ex and moved in with my mother...I filed an objection to the garnishment based on the fact I was not served at the correct address....I am not denying the debt because at this point I know why it was not paid and I am willing to pay I just didn't know at the time. My court date is tomorrow is there anything I can do to see if this will go in my favor....

Attend the hearing. Bring the documentation that you described in your message above. Explain to the judge that you had improper notice of the hearing and that you want postponement of the hearing so that you can discuss a settlement with the creditor. Read Collections Advice to understand more about what you may face in the hearing and your legal rights.

Thanks Bill for the information, I have old tax doucments to show I no longer lived at that address I also have a old ripped copy of my driver's license to show when I change my address to my new apartment, I just want to ask the judge if I can get the money back that they garnished so I can get court up on my rent so I will not be back in court for that at well. Do you think if I set up some type of payment plan they will give me my money back, or will they put the towards the debt...I even got a shut off notice from my engery company today....I can't even sleep

It would be folly for me to predict what a judge will decide. If the judge is sympathetic, you present yourself well, and the judge believes your testimony then you have a good chance of success. Please let me know the outcome of the hearing.

I received a court summons in the mail yesterday saying I am being Sued for a Wa MU credit card debt for 1600.00 from a collection lawyer. I have a 300.a month car payment i am behind two months i pay 1000. rent plus utilities and i am current with all of my other 13 credit cards. I thought WA MU went out of business because i did not get any correspondence from them. I am struggling to keep paying the minimums, about 400.00 for all 13cards. And I live o P-nut Butter and jelly and sometimes the $1.00 Mc Donalds menu. The IRS just approved me as a hardship case. I just worry all the time now. I bring home $2000.00 a month. Is there anything i can do? I can't even afford to file bankrupcy. I am 61 yrs old.

See What Are My Debt Consolidation Options? to gain an understanding of the paths to debt freedom that are available to you.

I have an incorporated business. I was sold property and the business. Did not relize that proof of income from seller was a lie. Made monthly payments for 4 years, to previous owner still had 2 years to pay...fell behind in payroll taxes because of low revenue/economy...paid seller over taxes...because of tax levy...had to stop payment to previous owner for businss loan. Went personaly bankrupt. Could not write loan off because it is tied to the business. Still personaly own property (upsidedown) and current on mortgage. Just received judgment from previous owner for 60,000. Can I just liquidate company and recreate a new company? maybe a non profit since this business is not profitable but gives so much for our community.

This reminds me of a bar exam question but with fewer facts. There are not enough facts in your message for me to offer a meaningful answer. Accordingly, you need to consult with an attorney in your state who has experience setting up corporations. He or she will be able to advise you a) if you have a cause of action against the previous owner, b) what your options are to resolve your tax issue, c) how to resolve the pending legal action with the previous owner, and d) how to reorganize your business.

I have a levy on my bank account, for 17000, they alredy took 1800 o december 2009, i am on dishability its all the income i have, I have 5 childrens, my spouse doesn't work, i live in california, can this levy affects my real property?

As stated above, "Many states exempt certain amounts and certain types of funds from bank levies, so you should carefully review your state’s laws to find out if your bank account can be levied." See the Bills.com resource Can a creditor be allowed to do Social Security garnishment? If the funds in the account in question come solely from your disability income, ask the bank or credit union to put a notation on the account indicating such, and that the funds may not be levied.

I live in Louisiana. I had co-signed a loan for my brother early 2007. He filed bankruptcy chapter 13 late in 2007. He converted to chapter 7 October 08. the trustee began liquidating his assets to pay off his debts. In December 08, i was sued for the loan I had co-signed on. I was never billed for it or even made aware that I had become the one responsible for it. The bankruptcy trustee had it on the claims registry to be paid. My question is this- Shouldn't I have been notified and asked if I wanted to make payments or at least been told that I was now resposible so I could make some kind of arrangements to pay it? Instead they just sue me and get a judgement to garnish my wages. That only took a minute to go on my credit report.

The law in Louisiana different from the rest of the US, and therefore I am reluctant to state that you should have received a summons and complaint, which would be your notice of the lawsuit that gave rise to the judgment. Therefore, I urge you to contact an attorney in your state who will be able to give you a precise answer.

roofing contractor threatening to put lien on my house and/or file theft of services against me for the 7000 I owe them. I am disabled and I use the insurance payment to pay bills. I am in Texas and this amount is a state jail felony. What do I need to do? They have not filed anything yet that I know of. hatdo I need to expect? I offered to pay 50 a month they declined it then I offered to pay 500 a month and they said they would talk to their attorney. If they put a lien against my house can they get a garishment of my ss or retirement.

Regarding your question about garnishing Social Security benefits, see the Bills.com resource Can a creditor be allowed to do Social Security garnishment? Regarding your other questions, see the Bills.com resource Collections Advice. The Texas attorney general offers an array of Web pages devoted to Texas consumers' rights, and specifically Texas debt law and consumers' rights in debt collection situations.