experience with garnished wages question
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  1. #1
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    Default experience with garnished wages question

    Anyone experience this or know someone who has? How did it work? Did they have to take you to court or just 'turn it over to a court' and it was done. How much % can they garnish up too from your check? I am sure it depends on the financial companies and states.

    This is not about me, but maybe someone close. How long do they threaten before they actually take action? I have seen people's debts get wiped away and some are paying for them. Do you think it is a lot of trouble or easy for a company to garnish wages. I know a lot of questions...

    Any response would be great. TIA

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    Registered User FrugalMomof3's Avatar
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    Well here's what I do know. DH had his wages garnished for Student Loans (government) and also child support (we requested) but as far as I know they have to take you to court or file a suit against you for such. EXCEPT the government and child support enforcement agencies.

    Most often times and I've seen this happen, comapnies "say" they sent you a letter to appear in court and never did but they wind up winning the law suit against you thus winning the option of granishing your wages.

    If this person has collections other than to the governement and child support, I would suggest this person contact these creditors ASAP and make payment arrangements for a set amount each month. He/She can also request that it be takin out a certain day each month sort of like an authorized garnishment.

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    Moderator Ceashels's Avatar
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    An acquaintance of mine has his wages garnished for back child support. I believe he did have to go thru a court process and I know they take the majority of the money (my guess would be 75% of his check is taken after taxes). It has put a tremendous hardship on his current family. And they found out that his share of the "economy stimulator" check will also be taken.

    His wages will continue to be taken until he is paid up in child support.

    Have you googled the topic online? It might vary state to state.

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    Registered User FrugalMomof3's Avatar
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    Quote Originally Posted by Ceashels View Post
    An acquaintance of mine has his wages garnished for back child support. I believe he did have to go thru a court process and I know they take the majority of the money (my guess would be 75% of his check is taken after taxes). It has put a tremendous hardship on his current family. And they found out that his share of the "economy stimulator" check will also be taken.
    Wow that's pretty mean to take atleast 75% of his income, to me that's a bit harsh and I am all about a father/mother paying their fair share. I wonder if they took into consideration his living expenses and other children (if there are any). Gosh I am sorry!

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    Registered User larabelle's Avatar
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    Quote Originally Posted by Ceashels View Post
    An acquaintance of mine has his wages garnished for back child support. I believe he did have to go thru a court process and I know they take the majority of the money (my guess would be 75% of his check is taken after taxes). It has put a tremendous hardship on his current family. And they found out that his share of the "economy stimulator" check will also be taken.
    I have also heard of this happening due to child support and yes it was a large percentage of his after taxes income which was taken. There was no consideration made for his present family.
    I have also heard of people having their wages garnished due to back taxes. I have a friend who had 100% of her wages garnished. She of course immediately called and made arrangements with the IRS to accept on a partial amount.

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    Registered User FrugalMomof3's Avatar
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    I understand paying for what you owe but to garnish 75%-100% of wages is outrageous, what do they expect them to live on?

    I forgot the government comes first then the people, how hipacritical is that? JMHO.

    there should be a law that no more than let's say 30% of wages can be garnished at one time, they should run cun-current. No wonder people are struggling and our government just wants THEIR money.

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    I understand paying for what you owe but to garnish 75%-100% of wages is outrageous, what do they expect them to live on?
    No doubt. That is just crazy.

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    Registered User Lora88's Avatar
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    there has to be a court order of garnishment of wages the creditor wins a judgement and the court issues the order the employer must comply and if it is a regular debt ie not child support or irs the max allowed is 10% of your gross pay weekly

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    Well, I live in CAlifornia and just got garnished from a creditor for $2500, and they're taking 25% of my weekly income I got paper work but I received it let's say in November and it was dated in October but no court date to appear. Then I got another dated in January, again no court appearance date, and it was stamped filed, and a name was stamped at the bottom, but no hand written or even stamped signature where it shows to be signed, so I thought these weren't legal papers. I thought the collection company was just tryng to get me to pay. I do owe the debt and would pay if they were willing to take payments, but they wouldn't. This bill is approximately 3 to 4 years old now. I am really upset and don't know what to do right now about this. At this point, I doubt the collection agency would settle with me. I also thought you had to go to court first. Should I contact the court?

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    Default I work in a the payroll department

    I work in the payroll department for a construction company of about 300 employees. For the IRS they give you a certain amount you can keep depending on the number of dependents you have, they take the rest. As far as child support they can take 50% of your wages if you are supporting another family and 60% if your not. All other garnishments take 25% of net pay. That is how they all work at least in Maryland.

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    Registered User brainyblonde's Avatar
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    The creditor must first obtain a court judgment before the wage attachment can be filed. State laws dictate how much can be withheld.

    In addition to a wage attachment, bank accounts can be also be attached.

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