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v1234
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Subject: garnishment
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Sat Feb 21, 2009 1:56 pm
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| my check has been garnished by Fredrick j Hanna and associates. I don't recall getting a judgment sent to me in the mail or delivered by a sheriff. I got the letter that my check was going to be garnished about 2 weeks ago. I thought it was a scam. It does not seemed to have been handled legally. This a capital one account that is over 6 years old. when checking my credit report it shows account closed. How were they able garnish my check on such an old account. i check the online court information and there is no judgment on file. |
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ensurepune
Joined: 17 Feb 2009
ensurepune's page
Posts: 102
510 Magic Points
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Sat Feb 21, 2009 3:16 pm
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this could be a scam !! but nevertheless if you really had some bad debt in past then (even 6 yrs old too) then they may charge this. most of the time the account is shown as closed as with those bad loans so they ( bankers) can adjust some of the banking ratios.
so it could be one of the case.  |
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bingo
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Subject: Garnishment
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Sat Feb 21, 2009 5:10 pm
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| Family member has wages being garnished for a judgement. He works for Missouri DOC, so his paycheck goes directly into his checking account. As head of household his amount is limited to 10%, but what about the rest of his income that is going into his checking account. Can they tap that also, and if so, doesn't that defeat the 10% limit? |
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Guest
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Sat Feb 21, 2009 6:57 pm
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| Code: |
| To obtain a writ of garnishment, a judgment creditor must make, before an officer authorized to administer oaths, and file, with the clerk of the court in which the judgment was entered, an affidavit stating the amount due from the judgment debtor to the judgment creditor, that process of garnishment is believed to be necessary to obtain satisfaction thereof and that the person to be summoned as garnishee is believed to be chargeable as garnishee in the case. Alabama Code _ 66 391. |
so the garnishment is legal only if it is done through the legal authorities. there might be some illegal ways where garnishment will continue so one must avoid those means and confirm whether the garnishment is relevent to the state laws or not. |
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ensurepune
Joined: 17 Feb 2009
ensurepune's page
Posts: 102
510 Magic Points
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ensurepune
Joined: 17 Feb 2009
ensurepune's page
Posts: 102
510 Magic Points
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Sat Feb 21, 2009 7:06 pm
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| Code: |
| The law sets the maximum amount that may be garnished in any workweek or pay period, regardless of the number of garnishment orders received by the employer. For ordinary garnishments (i.e., those not for support, bankruptcy, or any state or federal tax), the weekly amount may not exceed the lesser of two figures: 25 percent of the employee's disposable earnings, or the amount by which an employee's disposable earnings are greater than 30 times the federal minimum wage |
this could be a good informative instruction when it comes to decide how much deductions will appear.  |
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Guest
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Tue Aug 03, 2010 9:14 pm
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| have been paying on debt (which the principal is paid) and husband received garnishment notification. What now? |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Subject: garnishment notice
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Wed Aug 04, 2010 10:18 am
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Hi Guest,
If you had not received any kind of summons, or notice regarding a lawsuit, then you can file a motion to vacate the judgment.
Thanks,
Aaron
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