Home » Debt Collection Lawsuit Help: Prevent Wage Garnishment

Debt Collection Lawsuit Help: Prevent Wage Garnishment

wage_garnishmentReceiving a lawsuit from a debt collection agency threatening a judgment against you, or a notice that your wages are being garnished, is frightening.  Questions arise: How do you defend against debt lawsuits and fight wage garnishment? How much of your hard earned money can a creditor take from earnings? Is there any way to stop a wage garnishment or bank levy? How do consumers fight back?

Debt Collection Lawsuit Help: Prevent Wage Garnishment

Creditors, like everyone else, have certain rights, and they have attorneys working hard to help them collect your money.  Individuals usually do not have the knowledge or resources to combat their strategies, and may end up paying much more than necessary to settle their debts. When an individual owes money to a creditor and cannot pay, the creditor usually seeks relief from the court system.  After filing a debt collection lawsuit, the creditor can seek several methods of repayment.

Free Case ReviewDebt collection lawsuits do not have to end with a judgment entered against you and your wages garnished; sometimes a creditor will settle the case for less than the face amount in order to save on legal fees.  However, with the new, stricter bankruptcy laws, creditors tend to seek the full amount and will sometimes refuse to work with individuals to find solutions for repayment.  If the individual cannot or will not pay the full amount immediately, a wage garnishment may result.

The amount you may be garnished varies under state wage garnishment statutes and the federal wage garnishment law, but these laws essentially allow a creditor the right to take money directly from an individual’s paycheck after seeking a court order. The judge orders the employer to cleave off a certain amount and send it directly to the creditor, usually adding on court fees and other penalties to the base amount. A wage garnishment stays in place as long as the individual is employed and until the full amount, plus interest, collection attorney fees and court costs are fully paid.

You have options when faced with a debt collection lawsuit or wage garnishment.  Don’t be defaulted or give up your hard earned wages, defend your case or settle for less!  You may be able to have the lawsuit against you dismissed, or may be able to stop an unlawful wage garnishment. Read about your state’s laws.

DID YOU KNOW: If your fair debt rights have been violated, you can make a debt collector pay you up to $1,000 or more under state and/or federal fair debt laws. Call 888-595-9111 to learn more! By an Act of Congress and the President of the United States, we are a federal Debt Relief Agency. Attorneys and/or law firms promoted through this Web site are also federally designated Debt Relief Agencies. They help people file for relief under the U.S. Bankruptcy Code. Disclosures Required Under the U.S. Bankruptcy Code.

Don’t go it alone and risk losing, put an experienced Debt Help Lawyer on your side.

Just because a debt collector sues you does not mean they will automatically win, and just because a debt collector is threatening you with wage garnishment or you are being garnished doesn’t mean that debt collector is entitled to your money. If you are being threatened by a creditor with a debt collection or wage garnishment, you may need the assistance of someone who has years of experience in debt collection law to assist you.  Creditors are often more willing to work with Debt Help Lawyers than consumers, and your attorney can help you find the best repayment method possible.  Many times an attorney is able to negotiate reductions of fees and penalties and work out a repayment plan that protects the debtor’s rights as well as the creditors.

The fastest, most effective way to stop a wage garnishment or fight a debt collection lawsuit is generally by enrolling in a debt settlement program or by filing for bankruptcy, and through enforcement of your fair debt rights. Debt settlement enables you to settle all your debts for significantly less than you presently owe, and bankruptcy can discharge most, if not all, of your debts entirely.

Hiring a Debt Help Lawyer Can Help You:

debt help lawers

  • Silence creditors and bill collectors
  • Get rid of credit card debt
  • Stop a current wage garnishment
  • Stop a foreclosure or auto repossession
  • Satisfy old judgements

Get a fresh start with a permanent and lasting solution through debt settlement or bankruptcy and begin on the road to financial freedom today!  Don’t go it alone, put an experienced Debt Help Lawyer on your side.  Low fees, great service.

confidential informationThere may be instances where discussing your situation over a public forum could potentially compromise your interests. On these occasions we will contact you directly via email in order to answer your inquiry in a confidential manner.

108 comments

  1. I am helping my Sister clear a credit card judgement against her from GE Money. We started this in January of this year. My sister received a letter that a new attorney was assigned. She wrote the attorney a letter on March 31 of this year wanting to resolve the debt leaving her telephone number and her place of employment. April 1st, the attorney filed a writ of Granishment. My sister did not receive her mail until May, since she is staying with my dad to help him out (Age 77). She was not expecting the writ of Garnishment. She is a single mother with two children struggling to keep her house payment/utilities paid (two story house). We have been trying to refinance her house since she is paying 6.25% interest. We filed a motion to Squash the Writ of Garnishment and a motion to pay the balance due immediately the specific court date. The Judge denied her motion to Squash the Writ of Garnishment due to the fact(s) that my sister had a total of $1200 garnished and he Lawyer had only received $700 and change from her employment. The Judge made it clear to the lawyer to contact her employer to verify the amount garnished and contact my sister on a timely basis. The Judge said there will probably be one more garnishment. The Judge also substracted filing fees and stopped any more interest. The Judge several times made it clear to the Lawyer to contact my sister immediately. It has now been two weeks since court and my sister has left several messages. Should we contact the Judge’s office? I am amazed that either the Lawyer or GE Money does not want the money immediately now that we are helping her. What shall we do. We keep spending legal money, time-off job money in order to resolve this debt. They are getting their 8.5% interest on the original judgment of $2,200. They will receive the full amount of $3,500. What recourse does my sister have? We have the original judgement, plus interest for the past 6 years, motion to Squash Garnishment, Motion to deny Garnishment, my sisters letters to the lawyer to resolve issue, copies of all phone records as the lawyer claims the number was disconnected (False). I spoke to the lawyer after the court case and asked when she could be hearing from him, he claimed “if the phone number works.” My sister never denied she owed the money, she was unable to pay that specific debt first, since her husband left all the debt to her, Her priorties was to keep a float and pay those debts in priority. This was the last one she needed to clear up…hence, this is where I helped her with $4,000 to clear up. Should we seek another debt attorney and spend $1,000, which she can not afford at this time. I would have to pay the money. I now do not believe in the legal system as I watched and listened to the Judge and this Attorney “shoot her down” when she was prepared to pay the balance of the debt the day in the court room. I am so frustrated with the legal system. She has not denied once her debt she owed. What is our next steps?

    • It’s difficult when things are done orally only — you mention that your sister called the lawyer twice and has gotten no response. It would be better for “the record” to have written twice and gotten no response, so remember communications should always be in writing — collectors know this too…

      As for the delay in responding, it may be an unfair practice under section f. It may entitle your sister to statutory and actual damages, and also may provide settlement leverage.

      You probably can see from this experience it’s a good idea to have Debt Help Lawyers on your side when dealing with debt collection attorneys. The fair debt attorneys at 888-595-9111 are well versed in FDCPA and in debt settlement, call them or submit an inquiry with your name, phone and state and someone will call you — of course, this is your sister’s issue so she ultimately needs to be part of this process, but you can begin the ball rolling.

      Good luck.

      • hello thank you for this info – good article thank you but I can’t figure out what to do – I’m medically disabled and unemployed, have been doing a workers comp case for 3.5 years and my husband is the only one working barely making ends meet and we have a family … behind on some bills – trying to stay ontop of everything and there is only one creditor that is not working with us. Tried credit consolidating but still working on it and now getting a letter trying to collect by court judgement. Is there anything we can do being medically disabled and unemployed -in the middle of a workers comp case and my husband is the only one working. What are our options – Please advice

  2. I am having my wages garnished unlawfully because a company called Kimball Tyree and St. John lied to the courts and made them believe that i am responsible to pay past rent and damages from an apartment that is no responsibility of mine and they have confirmed that the responsibility is someone else due to signature on the lease. This judgement was a past issue that this company committed deception by sending me letters just to bully me. I never lived nor signed a lease, they even tried to serve me at the same apartment complex which I never lived at. not the courts under false allegations believed this creditor and now I have to pay for someone else responsibility. I’ve fought for my beloved country and will do so again but where is my rights to defend or better yet how can a firm like this take something and lie to fraud my name to get money, like a bully taking a kid’s lunch money that he rightfully earned. Am I to sit here and let my lifestyle be pained and let hardship just run over me?

    • A lot more questions would be needed to answer, including whether the creditor or collector properly served you the lawsuit, which would have given you an opportunity to defend yourself. What was the most recent attempt to collect on the account? While the questions may be hard, the answer is easy: get a Debt Help Lawyer from this site to enforce your consumer credit and fair debt rights. Call us at 888-595-9111 and get a free case review, there is no obligation and it sounds like you can use the help!

  3. My mother received a garnishment for a car she lost in 2005. Isn’t it illegal to garnish wages if the debt is more than 7 years old? They are taking more than 25% of her gross income leaving her with a little more than $1000 a month in earnings after taxes.

    • A debt collector with a right to garnish (for example, arising from a judgment) can seize any non-exempt funds from your bank, and garnish up to 25% of your disposable income from your paycheck. However, the story you tell doe not pass the “smell test” as either you didn’t get a fair chance to respond to the lawsuit or there was a likely improper service to begin with. Your mother likely experienced some sort of Fair Debt violation(s), and even if not, it sounds like she would benefit from re-prioritizing debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

      • I will contact you regarding my mother shortly as they are continuing to deduct payments and she has now paid more than the debt was worth. Also, the debt is more than 10 years old.

        • We would be happy to provide a no obligation case review and let’s figure out how to get you some real help, you may be entitled to $1,000 or more! Make the collector follow the law or pay you, call us at 888-595-9111

      • I am in a similar situation to this grandmother. I lost my car (a used lemon) in 2008, and they got a judgement last March without my knowledge. I have been to depositions, received countless, threats and motions and now, although, as a partially disabled single mom, I have filed a Head of Household Exemption 3X, I have just had my part time job garnished, almost 50%. I only make $200/week at this job, but I get $860 in child support so they tell me I do not qualify. I have hearings and more depositions next week, and my lawyer seems uninterested. I would appreciate any advice.

  4. Looking on how to file a Leon or garnishment or what I can do to get money owed to me from around the clock heating and air in Georgetown de 19947. He owes me over 2000.00 so far and late fees are starting to be applied. Also want to report to the credit burea as well. Please contact me via phone at 302-542-0337. So I may explain in detail thank you.

  5. My wages were currently garnished 25 percent with less than 1 week of notice & no recent attempts were made to resolve this issue in over a year? To make things worse my federal tax return was taken so the $900 owed are already paid in full but when i called & talked to the guy at the division of revenue he told me he could not stop the wage garnishment until the IRS sends them the check which could take a month! So i was told i was pretty much gonna be charged twice & there was nothing i could do about it, what are my options?

    • Something doesn’t sound right here. There is a lot you can do about it, the fair debt collection practices act was specifically drafted to cover wrong doing such as this. The Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation please call us at 888-595-9111. Talk with a legal assistant, and we’ll have an attorney respond. If there is a Fair Debt claim against this collector, the attorney’s representation will be at no cost.

  6. I was sent a summons 10/30/13, but was never sent a court date or notified of a lein or judgment against me. I went to use my debit card yesterday and my card was declined. I called Bank of America and my accounts were placed on hold. “LOC FL GARNISHMENT” emptied out my bank accounts (joint with my husband). I have retained a lawyer and am in the process of gathering my documents to file bankruptcy. Do I have any recourse to get my money back? They took over $7,000 with absolutely no notice and left us literally penniless with 4 kids to take care of!

    • I’d suggest obtaining a full copy of the court file. This doesn’t pass the “sniff test” something sounds fishy here, we would be happy to have a Debt Help Lawyer at this site provide you a free, no obligation Fair Debt consultation. Give us a call and let’s figure out how to get you some real help. You may be entitled to $1,000, your money back, and more! Make the collector follow the law or pay you, call us at 888-595-9111 and we’ll get you taken care of.

  7. I received a writ of garnishment from my bank. A collection agency is after a old medical bill from 2011. I did not know anything about this and not receive anything in the mail. There were no funds available in my account so now I’m worried they will try something different with oit giving any notice to me again. I’m not sure how to handle this. Do I contact the collection agency? I’m sure it should only be in writing. I need help not sure what to do.

    • I’d suggest obtaining a full copy of the court file. This doesn’t pass the “sniff test” something sounds fishy here, we would be happy to have a Debt Help Lawyer at this site provide you a free, no obligation Fair Debt consultation. Give us a call and let’s figure out how to get you some real help. You may be entitled to $1,000, your money back, and more! Make the collector follow the law or pay you, call us at 888-595-9111 and we’ll get you taken care of.

  8. I have a Garnishment Court Order delivered on February 14th. It says the Collection agency will start garnishing my salary if I do not respond in 20 days. I am a single mom and will not have enough money left to pay my rent and expenses (water, garbage, utilities and food) if the collector takes 25% off my salary. Is there anything I could do to stop the garnishment and arrange a monthly installment instead? Help! 🙁

    • A debt collector with a right to garnish (for example, arising from a judgment) can seize any non-exempt funds from your bank, and garnish up to 25% of your disposable income from your paycheck. Depending on your state and your income there may be exemptions. The Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  9. I have had my wages garnished for around 4 months for WA State unemployment benefits that the state decided were paid illegitimately. I was never informed of the garnishment. Pay just started coming out of my paycheck. Of more concern, however, is the fact that my employer failed to enter an end date for the deductions, and by the time I caught the error my employer had deducted about $950 in excess. They have told me that they are contacting their payroll company to learn the procedure to return the funds to me. They are, “hoping to be able to have the money back to me by next payroll.” This is in two weeks. Here are my questions:

    1. Is it reasonable to have to wait two weeks for the money that is owed to me?

    2. Is it proper to begin garnishing my wages without any communication to me?

    Thanks,

    Scott

    • You may have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  10. My husbands wages were garnished in January from a medical bill thats 8 years old! They are already taking more than 25% of his check each week & making things really hard but yesterday i found out that they got into our checking account & took all that was in there plus cleaned out all 3 of our kids savings accounts!! I need help finding out if this is legal & what rights i have?

    • A debt collector with a right to garnish (for example, arising from a judgment) can seize any non-exempt funds from your bank, and garnish up to 25% of your disposable income from your paycheck. However, the story you tell does not pass the “smell test” as either you didn’t get a fair chance to respond to the lawsuit or there was a likely improper service to begin with. You may have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  11. My boyfriend account is being garnish for $2400 in his checking and saving account. It has frozen his account and they are now both negative for an amount that is not in there. We have no idea where it is coming from and have not received any notice from anyone. What should we do?

    • Did you receive a letter from your bank? This will tell you where the judgment was entered and who sued your boyfriend. Second, call the clerk of the court in the county where the judgment was entered and request a FULL copy of the court file. Leading up to this, did you receive any collection letters? You may have experienced some sort of Fair Debt violation(s), the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. Call us now at 888-595-9111 and we will get started figuring our how to help you!

      • The Department of Revenue are the ones that have garnished my account. Is there anyway a payment plan can be set up without closing my business. My business was struggling very bad considering the spot i am in but it is picking up.I really dont wanna close my business so is there anything i could do.

  12. The was a judgement set against me in December of 2013 and the papers that were given to me said the wage garnishment was to be paid until paid or for up to 6 months and then judgement would be settled. I worked did not argue or cause problems they took the garnishment for 6 months I thought this was the end of this debt since it said in the paperwork that it would be settled after 6 months then suddenly with now warning my check is being garnished by the same company again according to what the company I work for told me with no warning what so ever they did nit serve me with a court date or notify me in anyway that they were taking me back to court .and the copy of the paperwork that was sent to my employer had the same judgement date as the first. I don’t understand how they can do this to me again especially without even notifying me that they were going to.

    • At first glance it sounds like the renewed the garnishment order. How much was the total judgment? How much was garnished during the six months and how much is remaining owed?
      It is possible that you have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  13. I only letter stating garnishment of wages was to begin from my employer. I was never served but in file they have I was served. There is no signatures. I filed head of household excemption was suppose to go to court 3/5/15 but it got rescheduled due to weather meanwhile I have been garnished almost 1600.00 now sjnce 12/24/14. If I win exemption can I get that money refunded? Can I state in court I was never notified properly.

  14. I had a wage garnishment served by the Sheriff to the tanning salon Owner next to where I work. I’ve never worked there. Ever. Not one day. Needless to say it was embarrassing being right in front of customers. Is this legal?

    • Yes. Perhaps we can help though, maybe getting it settled for less or helping you with other debts so you can manage the garnishment. Call us for a free, no obligation consult. 888-595-9111.

    • What can i do if a debt collector is garnishing my tax return only not wages, im trying not to go the bankrupty route, will an identity theft identity fraud stop them or is that to late in the process

  15. I’m getting garnished $91 out of my checks everyweek. I’m a single mom with my own apt & car & Im a full time worker at a factory. When I went to the doctor I didn’t have insurance but the nurse asked me if I wanted to sign up for financial assistance so I can find something to help me. So when I got a phone call about the financial assistance I was eligible to receive a Medical card! So I don’t know why I’m stuck with this debt. I’ve never gotten a call or anything mailed to me! But I did get served papers back in January , & I even Wrote a letter before the 20 days was up, & I never heard back from him & last week I just receive this garnishment paper in the mail that wasn’t filled out & they even took out my garnishment last week without notifying my on anything! I never got a court date so I could go a represent myself! & its over $19,000 plus 12% interest! I need help fast! I don’t have the money to pay that when The hospital set me up to get a medical card to pay it! I’m done went into depression over this. Please help me

    • Please fax in your paperwork, let’s have a look. 866-773-6152 is the fax number, include your contact info. Free case review. Or call 888-595-9111.

  16. I just received notice of a Collections agency (Restore Financial Services) garnishing my wages for a Judgement filed against me in Oregon (Multnomah County Circuit Court) Way back in 2000.I was led to believe that the statute of limitations on this kind of debt was 6 or 7 years in Oregon?Also I never went to court for this.I was out of state around that time so I dont ever recall getting a summons.What are my options here if any?I cant afford to pay them the $7300 of which 80% of is interest.What are my options here if any?

  17. Joann Fairchild

    I just received a voicemail telling me I was being charged with fraud charges that were going to go to my workplace and my home that I could stop it before it went through the court system I was left a case number so I called it back I was basically served over the phone my children heard my husband heard then I was asked for my social and told to verify my address which was an old address and my social and they wanted me to pay for a payday loan that I did default on in 2005 I thought the the statue in SC was 6-7 years I cant pay the 100,00 a month or the 800 the rude lady wants now she demanded my credit card and I refused I told her I would discuss it with my husband I offered to pay what I could monthly but it was not enough it has to be the 100,00 monthly or they are taking me to jail for fraud, is this allowed?? I don’t have a job first of all to garnish I am on disability I am worried they are going to send everything to the wrong address and start freezing the bank account. any help would be great I saved her message where she served warned me at 6:30 at night and said she was from a collection agency. trying to help me and keep meout of court. I even looked this up on my credit report its not on it.

  18. I have had a person to call my place of employment and discuss a so call debt that they say i owe with my supervisor… once I call the number that was even to me from my supervisor the lady said it was from a Wachovia bank account i have had back in 2009 for 150.53 over drawn but they sold the acct to someone along with my personal information for 90.50 and they want me to pay 628.35 as a settlement or we go to court in then they asking for 1268.56 .. what Is it that I can do

  19. Can a creditor call you job and say they are calling about a garnishment?

  20. My wages are currently being garnished, $2249 plus interest of $2358. How is it possible that interest is more than the judgement amount! So unfair

  21. I received a call from a credit card company concerning my debt. They said if I paid off the principal (261.00) my interest fees would be forgiven. The debt was approximately three years old in 2010 and I paid the amount. Now I get a garnishment from Midland funding to collect $2600 . I filed a writ to stop judgment
    but they have contested it. It is up to the judge–is there anything I can do?

  22. In 2008 Discover Card attorneys won a default judgment against me where I live in Florida. The debt was already 7 years old – 7 years since last activity when they got the judgment. I have made no payments on it at all since 2000. I now wonder if I had gotten an attorney, could I have avoided the judgment based on a statute of limitations.
    A few years ago (twice) they froze my checking account which contained exempt funds (I’m Head of Household with a disabled son whom I support 100%). I filled out their forms and got it released, but it took weeks.
    The Original unsecured debt was close to $10,000 in 2000 when I lost my job. With all the fees and 11% interest, over the years, they now say the amount is up to $35,000+
    If they freeze my checking account again, and I have a savings account with the same bank, will the bank be obligated to freeze my savings account as well? Or does the creditor have to specify the savings account number in addition to the checking account number to freeze both accounts?
    Thank you VERY much for your feedback.

  23. I have a judgement in regards to a credit card. They have been garnishing my wages for nearly 2 1/2 years. Once I was notified of the garnishment I tried to make arrangements with them and was told that I could not stop the garnishment but that I could make additional payments. I have a 1 year old and as a single mom can’t afford groceries and other living expenses. They are garnishing at 25% and all the while have continued to charge interest on the initial judgement amount. I called again today and was advised that I could possibly set up payments in September once “this garnishment round” is over?! Help! Is this legal? Can they continue charging interest? Why won’t they allow me to set up a payment plan with them?

  24. Hi – I went through a bankruptcy in 2005, just before the major change in the law. Unfortunately one credit card was missed in the paperwork (it was a stressful time) and as a result it ultimately went to court in 2007 where the credit card company received a summary judgment because I wasn’t in court. I was unaware of this because I had moved from California to New Jersey and never received a summons or any other paperwork. The process company apparently did a “knock and drop” service at my old house. I only became aware of the situation because I recently started getting phone calls from a law firm in San Diego pursuing the judgment against me. All their calls have gone to voicemail and I haven’t called them back. My question is what is the statute of limitations on judgments in California? Nothing has been mentioned about garnishments (which they’d have problems with anyway because I’m self-employed) all they have requested is that I call them. My voicemail doesn’t identify me so they don’t know for certain that the person they’re leaving messages with is actually me. Should/can I just wait them out until the debt is uncollectable?

  25. My mother was just served with a summons that she is being sued for an old credit card debt from 2013. She became unable to pay the debt when her husband passed away. She has been on SSD for many years and now draws a check off her deceased husband that I understand can’t be touched either. The only other thing she has is a very small pension check of $74 monthly. After her mortgage payment and household bills she has very little left at the end of the month if anything. The debt was through Discover/Sam’s Club and has been sold to a second party that is suing her. After a lot of research I think she is “Judgement Proof” except for the small pension check. The law in AL is 25% of disposable income but I am unsure how that small pension check would play into it. The summons does not have a court date, it just says she needs to answer within 14days. It does not state who she answers to or how. The amount owed is less than $3,500. There was no estate and the only money she has is what came from life insurance proceeds that has been removed from the bank in case it is frozen. The bank is aware her checking account is strictly for her SSD & Treasury checks. How would it work with the 25% of her small pension check, would they get the entire check monthly or just 25% of it? She can’t afford to lose any more money than she already has with the loss of her husbands income. Thank you

  26. Kaylee Gloudeman

    A creditor from 2009 has a wage garnishment against me. They are taking 15%. The balance was $1522.87 which is what the judgement is for. But now that I am getting close to being done. They talked on suddenly another $90. They say $65 I’d for delivering paperwork to my paperwork, and $25 to tell the courts that they did that. I got no notice of this at all til I noticed that they were reporting they had received less than my records show paid and that they claimed I owed more. They say they don’t have to tell me in writing that they added fees on. Is this correct?

  27. I attended ITT Tech (Phoenix, AZ) back in 1992-1993. I signed a promissory note for the amount of $12,096.00 in exchange for their “wonderland” full of promises. Along with thousands of other ITT Tech victims, I did NOT receive what was promised. I have been fighting this bogus student loan since 1993 and it has gone to numerous collection agencies over the last 2 decades plus. Most recently (within the last decade), I began paying for “Pre-Paid Legal” and occasionally would contact them for advice regarding the bogus loan (I say bogus because I didn’t get what I was supposed to get, so the other side of that little contract did not honor their agreement with me). The attorneys at PPL would advise me that since I lived in Texas, I could simply ignore the collection agencies because Texas law does not allow my wages to be garnished for this type of “debt”. In June of this year, I noticed my paycheck was significantly lower. I contacted my employer’s HR department and they told me that they were garnishing my wages for the department of education. No notice, no warning of any kind, just BAM! I have contacted the D.O.E. and sent them a financial disclosure statement along with a request for a hearing, but they tell me that it will take months to even look at my information to even begin consideration. The attorneys at PPL tell me that basically there is absolutely nothing I can do about this since it’s the “federal government” and they can do whatever they want to. My wife does not work and we have a teenage son. With this unfair wage garnishment, we are getting to the point where groceries are becoming a luxury. According to the same government that is stealing money from us, we “make too much money” to qualify for any financial assistance (like “food stamps”). The wonderful federal government is ruining not just my life, but they are now punishing my wife and our son. If I had been given what the other side of the contract promised (ITT Tech), this wouldn’t be an issue and this student load would have been paid off a long time ago. ITT Tech did NOT do what they promised, and I know that there are thousands of other victims of this school out there. I have read about the class-action suits against ITT Tech, but have no clue how to join any of them. I have also read that the federal government has imposed multi-million dollar fines against numerous for-profit colleges (ITT Tech included) due to their predatory lending practices. It’s confusing to know that the government is punishing these “colleges” for this while at the same time punishing the victims of the very thing they fine the colleges for doing…What can we do? Anything? This is no way to live…

  28. My daughter has a collection agency garnishing her wages in the amount of $460 out of $500 she made, which left her only $40 for over a weeks work. Can they legally take that kind of money? She took a job that was temporary and paid a lot for a lot of work over a short period of time. She has 2 children, 18mo. and 4 years and after cutting her food stamps in half she was trying to get money for food, clothing, diapers etc. I don’t understand the reasoning of taking that much money and it seems illegal to me.

  29. Have a company Hayt Hayt Landau garnishing my wages for a wal mart card i do not recall not
    paying. they will not give me any information. They had my company garnish my wages for
    1,500.00+ would not instruct company how to pay so there holding the check months later they
    contacted the company i work for and are demanding they garnish another 1000.00+ and when
    Hayt Hayt & Landau hears from the court they will let them know where to send money,
    in the mean time this could go on forever. When i googled this company this is common practice
    that does not end untill they have collected as much as they can.

    • Plenty of experience with Hayt. Call 888-595-9111 and talk to a debt help lawyer, need to work through the facts but it sounds like you can be helped. No cost or obligation for the consult.

  30. Three years ago my husband and I had to do a voluntary repo due to a job loss and the finance company not being willing to work with us. The finance company sent us a letter stating when the vehicle was sold and for how much and since then – nothing. We haven’t had any contact with them nor a collection agency or lawyer until we received a warrant in debt. My question is can they sue us without ever trying to resolve or collect the debt directly from us?

  31. when you go to court for a debt what happens if you dispute the debt then what?

  32. I have received a warrant in debt to my current home address , but I didn’t receive a notice that the money was due from Geico due to me moving. I switched companies due to getting another car and rates were cheaper elsewhere. I moved from my old address in December 2014 and I am currently on deployment but yet to have anything stating that I owed a $5800 debt with them. I had GAP insurance as well with my auto loan company so I figured they would take care of what was owed. Now I’m being served with the warrant in debt, still on deployment. I have been trying to contact Geico in regards to making payments towards this as well as the lawyers office, but they are both not trying to assist. How can I get help when I didn’t know it was owed?

  33. My bank accounts were garnished for an old, old medical debt without any warning leaving me with zero money. This happened on a Monday, and I wasn’t notified by my bank until the following Thursday. I have since received a copy of the garnishment order, and it states that by cleaning out my bank accounts that this garnishment has been closed. Question is – can they still come after my wages? And what sort of notification will I get? Thank you.

    • The only way they could’ve taking money from you is with a court order. And you should have received a notice or something prior. Garnishment of your funds is usually the final judgement in the scenario that you weren’t making efforts to pay on that debt.

  34. Collector summoned us to court and we ended up signing a promissary note. We’ve paid on that beautiful for years, but we experienced a job loss at the beginning of this year and though we are employed again, we are currently making 50% less than we used to. Making this promise to pay very difficult to fulfill. Is there any way to renegotiate a new promise to pay? Or is the only way out bankruptcy(which we absolutely would prefer to avoid)

  35. can my husband’s veterans benefits and social security be garnished because of a debt i owe if there is a judgment against me? I a m his wife. I also receive a caregiver monthly stipend from the veterans administration. Is any of this income garnish-able if we share a checking account and everything is direct deposited?

  36. PLEASE… I NEED HELP!! ON FRIDAY I WOKE UP TO SEE MY ACCOUNT WAS AT $0.00. ALL I HAD THERE WAS MY CHILDSUPPORT CHECK FROM CALIFORNIA. I LIVE IN ARIZONA. MY GARNISH WAS FROM MIDLAND FUNDING. IS IT LEGAL FOR THEM TO GARNISH MY KIDS MONEY? THEY DIDNT TAKE NO PERCENTAGE. THEY TOOK MY FULL AMOUNT. IM SO DESPERATE I FEEL LIKE SUING IF THIS IS ILLEGAL. . PLEASE HELP…..

  37. So, for the past year I have been slowly paying off a debt for a medical bill from when I was homeless. In August and September of this year (2015), I was unable to pay my monthly payment. I called in as soon as I knew I wouldn’t be able to and spoke with someone about it. I was told there would be no problems, and as soon as I could start my payment again, to please do so. They said it would be marked in my file that I was unable to make the payments, and that it would not cause any problems.

    October 2nd rolls around and I call in to make my payment. I’m put on hold three separate times, and I’m finally told that I have a wage garnishment on my account. First off, I collect Social Security, and I know my rights. I have no concern over that. What worries me is I was never notified of any intent to sue me and get a judgment passed that would allow wage garnishment.

    I have not received any notification, except in today’s mail, informing me of a “Release of Garnishment.” This is the first mail I have received from the company in months. Is there anything I can do about this? Should I contact them and call them out on this? I know my rights, I just don’t know if there is anything I can do against the company for all of the stress and bull-crap they have put me through?

  38. I went to court about a month ago for a personal credit card. They filed a Motion for Charging Order against my business. In the courtroom, THEIR attorney asked me why I didn’t file a claim of exemption! And told me I needed to do that right away so I did. I go back to court today and was told it was denied based on the case law the attorney provided stating that I couldn’t file a claim of exemption as head of household since I own my own business. And now they will be moving forward with the charging order! Can they even do that with a single member LLC? How can I stop it? Can or should I file personal bankruptcy? My business barely breaks even. How can they do this?

  39. I have a judgement against me for a credit card I can’t pay on anymore. I received a notice today from mine & my husbands credit union bank that they received a garnishment from our towns municipal court regarding my account with them. My name is only on the savings account with this credit union & there was zero money in the account(except for the $25.00 that has to be kept in there as “shares”) so there has been no money taken out as indicated on the copy of the paper the credit union had to fill out & send back to the court. They did not take any of the money that is in the checking account there which is only in my husbands name. Is that why they couldn’t touch that money? The letter from the credit union also states that “Due to the garnishment your account is no longer eligible for “Courtesy Pay”…what does that mean? Also my name is on our checking account at another bank…the only deposit into that bank is my husbands pension check money. Can they garnish that account too since my name is on that account & it’s my husbands pension check? The little bit of money I make now is by being a independent sales consultant for a home sales party company. Can they do anything with that company? And what happens at tax time when we file as married…can they do anything at that time….we usually don’t get a refund….mostly have to pay taxes. My husbands worried that they can take his pension money (according to the credit union papers, anything above $450.00). Not sure what to do!

  40. I have a saving account that had $500 in it and it got taken by a creditor that the bank said was court ordered from a Best Buy credit card from 2007 is this legal?

  41. Debt collector filed a lawsuit to put me under wage garnishment for a credit card debt that I owed($3,400). They managed to get the judge to throw in $4,000 more to my original debt. Now my debt is $7,400!! Didn’t even know they could do that. It’s been a year since my garnishment and I’ve paid $5,118. So my credit card debt is well paid off now, but I’m stuck paying these “lawyer fees, court fees, etc.”. Isn’t this a bit too much that the credit card debt is already paid, but they’re now making me pay these fees and interest that skyrockets every month? Aren’t they satisfied that the credit card debt is paid? What can I do to stop paying this law firm/debt collectors who are now just basically living off of me?

  42. I recently had a judgment entered against me in a county I have never been in my home state of Pennsylvania, and one of my bank accounts was frozen. Fortunately, they are barking up the wrong tree with that account, as it is barely used. They can most likely see where my useful bank accounts are, as I have transferred money from them into the less useful account. Will I be notified of a new hearing, if the law firm chooses to go after my local bank? Are there jurisdiction limitations? I am really concerned about my useful accounts being frozen. Is it only a matter of time? What can I do? Thank you for reading my post.

  43. I recently had my checking account garnished and emptied by a law firm.I had been showing them the last 2 years that my wife and I are receiving assistance and cant be garnished. After they took the money, I was sent a packet requesting info to allow me to get my money back.Even though I sent in the info they set a court date to decide what to do with the money.It was short notice and I couldnt miss work to go to court.I there any way now that I can get thst money back? Also, now that they have docs showing we are still on assistance, csn they still just go in and take my money?

  44. Hi
    My wages were garnished for a car repossessed while my husband was in the hospital and subsequently died (the last thing on my mind was the car at the time). They’ve completed the garnishment but are refusing to stop taking money from my paycheck, they currently owe me over $1000.
    I’m hurting financially now, when my husband died my income dropped and the garnishment made it drop even further. The lawyer is refusing to answer emails although she said she would comply with the law, and I can’t afford for them to take any more money. She refuses to get a release and send it to my company so they will stop taking money out. How can I get a release? My company says by law, they can’t stop taking money out until they receive it.
    Thanks
    Kathie

  45. Hello, This last friday 12-4 my boyfriend got a package from his work stating that his wages were going to be garnished it got us by surprise because we never got a notification that we were being sued. So my question is? How can we Stop this wage garnishment since we didn’t have the opportunity to defend ourselfs nor were given an option to arrange with the debtor.. Were my rights as a consumer violated or is this debtor in their right to just come and get our money without any notice. I would really appreciate if someone can contact me via my email. I thank you in advanced.

  46. Can a debt collecter garnish non-earning wages from banks that I don’t have an account at? I received 3 copies of letters in the mail today from Messerli & Kramer. It is for nonearnings garnishment summons to 3 seperate banks that I don’t even bank at, nor have I at any time in my life. Can they do that? And why would they? It seems like they are randomly sending garnishments to those banks in case I have an account? Should I be concerned this is fradulent? Do I need to reply to these? They are just copies of what Messerli sent to the bank. The banks are US Bank, TCF Bank and Bremer Bank. Thanks!

    • This happened to my husband recently at a bank that he does not have a checking or savings account at. We have a loan at the bank but nothing else. What did you find out?

  47. I was served papers with judgment entered against me on December 8th. I hade to fill out my information with my address my employer address my income etc. I called to set up payment plan. Lady who answered told me she will call me back. And she did asking me to fill out that forms that they served me with. Which I did putting in writing my offer of the amount I can afford to pay monthly. On December 23rd I got letter from Lawer that I missed one section and asking to fill it in and mailed it to them. Today when I came back to work December 28 I was served at my employer a judgment of wage garnishment. Was it a correct way to be served and what can I do to stop this garnishment besides quitting my job.

  48. I received three judgements and hired a lawyer (and paid him) to settle the debts. He took off with money and I have had to file with state board of attorneys. Meanwhile I received a wage garnishment today at work. I had tried to work out payments prior to judgement and they were not reasonable. I need help.

  49. My husband’s previous employer just recently received a garnishment hearing summons for him. The original loan was done in 2003-4 and he defaulted (car loan) so the car was repossessed. The car was sold (I assume) and the debt was sold to a law firm. The law firm contacted him in 2005 by mail and let him know that he needed to contact them regarding this debt. He contacted them and was told to prevent any legal proceedings he needed to get on a payment plan with them and so he did. As of 2007 he was told that they were dropping the interest on the account and he would just now be paying principle. To that we said thank you and kept paying the monthly payment as asked. We have been paying these people for 10 years now and all of the sudden they now have sent paperwork for garnishing his wages. I am confused!! We are repaying the debt as owed. We have been late a few times over 10 years yes but they always get their money. Now they are saying that they are going after the $19K+ in interest that they originally stated they no longer were charging or accruing. I’m so lost right now. They are saying that there was a judgement done in December of 2005 that he never received a summons for and that judgement is what gives them the right to do this. We have paid back all but $600 of the principle amount and now they want to do this even though we are repaying it as agreed upon…how can they do this??

  50. Can a creditor garnish child support that my ex husband is paying to me? I’m disabled and only receive disability income every month. Under $600
    Can they garnish that income with a bank levy? I’m a very sick, single mother of two. I need help and advice.

  51. I was recently called into court for notice of interrogations against me for a credit card i had in 2010. The amount is a lot more than I ever remeberd. I went to court in 2014 and asked them to provide documentation that they had to validate this debt. I have not heard anything until I got paperwork ordering me to court. I have made effort to pay anything I owe with other debts I have but this particular one has never been on my credit nor have I been contacted. What could I do in court to protect myself from this nightmare?

  52. I am at a complete loss. I had my wages garnished by old debts (about 9 years old), but had no idea I even had judgements against me. I did have unpaid debt after falling on really hard times, and couldn’t catch up, but then everything fell silent. It got to a point where I had been receiving notices from collectors for what I think was the same debt, from all different companies and didn’t trust anything. I have moved quite a few times in those years, but have always updated my information with ID and pertinent companies, employers, etc. I have lived in the same apartment for 2 years, and my previous apartment for nearly 2 years. The FIRST time I knew about the garnishment was the reduction in my paycheck. I never once received any correspondence related to it. I tried to reach out via mail to the court listed on the garnishment (thanks to my HR for the copies), but have heard absolutely nothing in response. I even gave them my address to reach out to me. It makes absolutely no sense why they are not contacting me directly, and I have never received any updates regarding the garnishment. The garnishment is a HUGE hit on our already small living wages, and I’m the main source of income. I have no idea how to fight this, who to communicate with, or how to prove that I have never gotten any information. The addresses on the garnishment papers are completely wrong, and both had two different addresses. None of which are even remotely recent. How do I even proceed with fighting this? Or knowing who to contact to work out a more reasonable payment? I’m at a loss as to how this is even legal.

  53. I was recently served a summons for medical debt. I had 3 ER trips over the course of 3 months just over a year ago do to a irregular heart beat that was eventually controlled by medication. While I had insurance it did not cover everything. 1 off the medical providers agreed to a payment plan and at first it seemed the other one did as well. However they stopped taking withdrawls from my account soon after the first payment and sent the bills to collection. I was hoping to negotiate with the collection agency but the monthly payments the demanded were well beyond my budget. Now they are suing me and are threatening to garnish wages is there anything I can do to defend myself against this. I am willing to pay my bills but it needs to be on terms I can afford.

  54. I had a judgement placed against me for failing to go to court. The principle is $2500 plus lawyer fees and interest. Right now I would say it is $3500. I am not currently working due to the fact that I am about to have a baby in 2 weeks. I don’t want my wages garnished when I start working but I want to find a reasonable amount to settle with them so that we are both satisfied and I can move forward with my life for my family. What can I do? Is there any help with my situation? i tried to contact the debt collector and negotiate but he was a total douche and didn’t want to negotiate anything with me.

  55. Jacqueline M. Lenning

    My employee took a $6000.00 check by mail from my mail box. She forged my signature, deposited it into my bank account. At the same time she withdrew that same amount out leaving the balance the same. She kept a very close monitor on the mail for years, removing any signs of the crimes. By the time I found out a couple of years later, I already had a garnishment order from the court for default. Said I was served, but I’m pretty sure it could have been possible that she could have intercepted that court order also. The check was issue while my husband was in hospital and recovering/back. Month or two later I had neck surgery. Court took my husband’s VA Disability and SSDI Disability for the debt. His total for two months is over $8000.00… Just move 8600.00 but was down to $7200.00 in this account/my name on account but solely my husbands money. Court Froze the account so fast that my husband had no time to go and put his name on the account with me. I am also 80% VA Disabled. Gov. benefits only between both of us, no other income for three years! The court left $5.00 in this account. I am a “VICTIM OF IDENTITY THEFT”, please help.

  56. Jacqueline M. Lenning

    You can’t make efforts to pay a debt you know nothing about, and I will not pay an Identity theft’s debt. Especially if I am the victim. I am already losing even more because it went on my credit report, so that would cost me more money. If I needed money, I would have borrowed it from the bank with low interest. Even my husband had an 820 credit score. My dad had plenty, my husband could have borrowed money from several of his family members. Why would we need money, it made no common sense!

  57. Jacqueline M. Lenning

    This $6000.00 check has transformed into over $23,000.00 that I do not own. I have the means to pay it, but I do no care if it was only 10 cents, I will never pay for it! Would you give a rapist flowers?

  58. Jacqueline M. Lenning

    This was direct deposit for my Gov. Funds only! Straight to the other banks account via check with note at bottom stating Disability.

  59. I went bankrupt but this debt wasn’t discharged I thought it was but found out going through my papers called the company it was transferred to a lawyers office told they are in the process of taking me to court I set up payments now but it was never notified about the account what should I do

  60. My husband and I are on disability. He is having a part of his disability garnished. We have no idea by whom or for what reason. We lost our home to foreclosure over this because we couldn’t make ends meet. We called disability but they aren’t sure either and can’t answer our questions over it. We are barely making ends meet and only have $100 to buy food for the month and his medicine. What can we do?

  61. I just received a letter threatening garnishment of wages from a judgment in 2005, that was revived in 2010. I honestly do not know what the debt collection is for nor did I ever know i was sued and had a judgment against me. I only work part time and have 3 children, a garnishment would be detrimental right now. The notice gave 3 options which were all to pay it immediately, set up a payment plan where they have all my employers info and is basically garnishment on my free will or let them have court ordered garnishments. Do I have any options?

  62. Catherine Stewart

    I have a divorce decree that assigns the debt for a car I purchased with my former husband to him alone. The car was repossessed and the loan company said they do not recognize divorce papers. They plan to garnish my wages for a debt I do not owe. Can my employer legally refuse to garnish using my judgement from the court?

  63. I have had an ongoing case with Midland Funding/Pressler & Pressler since 2006. They obtained a default judgment with a forged signature on a certified mail receipt, as I didn’t realize I was expected to show up for court. My wages were garnished as a result & I paid over $3000 of an $8000 judgment. Then, Pressler & Pressler suddenly began to REFUSE to accept the garnishment checks & literally returned them to my employer; I have letters from them & from the Clerk telling my employer to stop the garnishments and mark the case partially satisfied because they wanted to docket the judgment. Can they do that, even though I was paying? (By the way, I do not own any property to put a lien on.) Without any formal notice from the Court as to a reason to stop, I had my employer write letters on my behalf requesting to continue to pay the judgment as ordered but Pressler & Pressler sent letters to my employer saying to “stop remitting & refund any monies on hand to the defendant”, and simultaneously received a letter from the Superior Court saying “The Wage Garnishment has been closed in our office. Please stop the deductions.” They returned my checks uncashed. I have copies of the checks they returned and all the letters, as well as the letters sent by my employer asking for clarification and requesting to continue paying. Now, four years later, I am receiving letters daily at work and at home, saying that my employer is not in compliance with the Wage Execution. I feel I must have a case on some grounds here, being that they stopped the deductions for no apparent reason, and now are trying to start them up again without rhyme or reason. Can they do this? My circumstances have changed dramatically in the past four years, since I was making payments in 2012–I now have two children in college. It is also terrible for my reputation at work to have them starting and stopping the garnishments, especially when I was literally begging to pay them and they were literally RETURNING payments back to me. Any help you can offer would be really appreciated.

  64. I recently received a collection letter from a debt from a college. After contacting the college not the collection agency, the college stated it was a debt from 1991-92 unpaid balance. I do not have records from this period (I left school I thought all was paid), What are my rights and how would I dispute this. The college sent my a print out of my charges, but I really dont think they are right. Can I fight this with 24 years passing with no notice from the college. School is in Mississippi.

  65. I just had the IRS garnish my check for a coast guard fine i never received from 18 years ago. Isn’t there a statute of limitations on this?? Never received any type of letter or notice. When i contacted the IRS they had an address I hadn’t lived in for around 8 years. But i have done my taxes every year so they know where i live. They said the debt was transferred to them in 2005.

  66. I was having my wages garnished for a car that was repoed a few years ago. I filed for bankruptcy and a court order was placed to stop the garnishments. The garnishments stopped immediately but the courts were holding funds to send to the debtor. The attorney of the debtor did not notify the courts that there was an order in place to stop garnishments. The funds were sent out two weeks after the order to stop garnishments was approved. Can I get those funds back since they were sent after the court order?

  67. I was served with a garnishment. Back from 2005. I do not remember this debt or going to this hospital. I have a seizure disorder and numerous medical issues. I only work 12-20 hours. If this is proved to be my debt can I file for hardship exemption?

  68. I have a Property Lien Judgement from 7 years ago in Washington Stste and I have recently sent letters to settle, no response after 6 months I am on the phone for 2 hour with the Bank trying to find my account. They put me in contact with the correct person, he tells me my settlement offer is too low, I wasn’t sure of the balance, so I double the cash settlement from $35,000 to the full judgement balance of $65,000 and he tells me his “client” is not interested that the property is worth more and the interest has the balance at $99k. Do I have any rights? First off I don’t trust this guy is even doing his job and are they really denying my offer? I’m currently making $300 a month payments and have for 3 years. Do I cancel the payments to get their attention or what? I’m so frustrated.

  69. i live in puerto rico i being sue by operating partners co as an agent for midland funding, went to court talk lawer, i told him the accounts was close jan 21 2008 and STATUTE OF LIMITATIONS is 7 years,but he told me in puerto rico is 15years Written Contract

  70. My wages was garnished last year for the amount of $1,500 it took me 90 days to pay it off. Now eight months later I had another garnishment from the same company taken out of my check for interest on the same loan that I paid off 8 months ago.. are they allowed to do that?

  71. My husband Ugo Fabbri was served with a Wage Garnishment from Hunt and Henriques on April 24, 2008. His employer deducted the proper amount each and every month until it was paid. On July 11, 2011 his employer received a Notice of Termination from Santa Clara County Sheriff’s Office. The original debt was for $16,242.80. They received $15,485.98. The newly created Garnishment the was served to my husband’s employer on August 16, 2016 states uncollected amount of $756.82 PLUS interest and Fee of $25.00 which now totals $2,491.27.

    My husband and I were in a terrible financial crisis back in 2008 therefore our car was repossessed hence the garnishment.

    I have spoken to the collection agency yesterday and today, as of today they are now saying the amount owed is $2,798.00, I asked why it went up within less than 24 hrs, Elizabeth tells me that’s the figure as of today August 18, 2016. I tried to explain the I feel that they are preying on an old debt that we as the debtor felt was paid off and out of our lives. We are currently in credit repair and this is really going to affect us financially. I’ve called several state agencies for help and advice, I’m told I need to work it out with the collection agency. This seems so unethical and demoralizing. The California law states they cannot collect on a debt after 4 years, the agency tells me 10 years.

    I’m coming to your office as a desperate plea for help.

    I really am looking forward to hearing from you.

  72. California EDD gave me bad advice for filing and barraged me with paperwork that didn’t make any sense. Once a woman saying she was with EDD called my private cell phone for repayment and I didn’t believe her because she acted so unprofessionally, yelling and screaming at me. When I called the number back, it said the mailbox was full and that I couldn’t leave a message. Now the EDD is garnishing wages, but at more than 25%. Can I sue them back for what they are doing?

  73. I’m seriously in need of some assistance, I purchased a lemon car at the time, I didn’t know The car would stall just about anywhere while I’m driving it. I felt totally unsafe. I called dealer ship, they said they couldn’t find anything wrong with the car. But, I carrying around cans of starter spray in my car, just in case it stalled. ok…Called the finance company explained that I had this car look at & no one can seem to find why it stalls like it does, so I informed them that I didn’t feel safe in there vehicle that they sold me. I asked could I turn in for another vehicle, they stated : NO. I explained that I wasn’t going to keep paying a note on a vehicle that was entirely unsafe to me. I explained to them that whenever they felt like it, they may pick up there vehicle anytime they felt. From that day forward there vehicle sat in my driveway for 7 months. Now, there trying to come after me with a garnishment on my wages. They even had the nerve to add more money, stating interests and cost. I would never know anything bout these garnishments if it wasn’t for human resource informing me. I ended up once taking them to court, lawyer lied now I see why there called lawyers. I informed him & the judge, that I wasn’t paying them a cent, on something that I notified them of, that wasn’t safe for me…But, we all know how judges are. Mr. slick walked out feeling like the man. Just like I told them both in court…I expressed my feelings once again to lier. You don’t even know the story, you walk up in here with no paperwork, you lied in court. It would be a cold day in hell, before you receive a penny on my money….And, I meant it…But, time has come for Mr. Lier & I to finally handle this issue once and for all…

  74. I recently went back to school. I thought i had all my loans and everything with my first college in deferment. While trying to gain access to my transcript I was informed a bill had been sent to collections in 2008. I was provided the attorney information and contacted them to see about a settlement. I never knew this acct was in collections, I thought all activity with the college was with financial aid smh. Anyway, through contacting the attorney and trying to negotiate a settlement the lawyer stated i was refusing to pay and stated they were going to garnish my wages, I never refused to pay I just dont have the money at the time and the attorney was very rude so I requested to speak to another attorney to handle the situation. Yesterday I received a garnishment letter. I am trying to figure out if its better to do the avoid garnishment agreement but the worksheet doesnt state if that one payment will be every week or what? and also my last check that im supposed to use to calculate my payment includes holiday pay and ot.

  75. The Creditor Followed Improper Garnishment Procedure
    Before a judgment creditor can garnish your wages, it must follow certain procedures. That may include providing you with written notices and an opportunity to set up a payment plan. Or you may have been improperly served with the garnishment papers. If the judgment creditor did not give you proper notice, then you can raise this as an objection. I did not live in the address they sent any mail to. I never got one letter explaining i was being sued, or signed for any paper work from any mailman! I am shocked at the response they sent, and no evidence of any correspondence to me or of this debt. I got notified by my employer and not any court or pressler and pressler! This is crazy that they can just make a random judgement on me without me even getting a chance to defend myself in a court of law or anything. An execution against a person’s wages can be requested if the debtor works in New Jersey and earns more than $217.50 per week. To request a wage execution, you must send a Notice of Application for Wage Execution to the debtor by regular and certified mail. A copy of the application and a statement of how you mailed the application to the debtor must be filed with the Office of the Clerk of the Special Civil Part in the county where the case was heard. If the debtor objects to the wage execution, before or even after it is issued, a hearing will immediately be scheduled by the court. If the debtor does not object or the court does not allow the objection, an order for a wage execution will be issued and the wage execution will be delivered to the debtor’s employer by the special civil part officer. The employer will hold back a portion of the debtor’s pay in accordance with the Order for Wage Execution and will send this money directly to the officer, who will then deduct his 10 percent commission and send the rest to you in the same exact manner as previously stated in this brochure. I will fight this till the end, because i know my laws and will not stand for the illegal ways these firms and companies have over little people like me.

  76. I received a notice earlier this year for a debt that was owed. Same first name and previous address, but different middle initial and last name. The notice came from the CA FTB. When I called to inquire about the notice and make sure it was not for me, I was asked a series of questions. Turns out the debt did not belong to me, but to the lady who lived at my prior address before me. I was told, by the CA FTB, to disregard the notice. Fast forward to now. I have had two payments garnished from my wages with no other notification. Nothing else was ever received from the CA FTB and my employer never gave me a copy of the notice. On the notice, step 1 is to provide the employee (me) with a copy of the notice within 10 days so that I can contest, if necessary. Obviously this would have been necessary but now I am stuck dealing with this. I only received a copy of the paperwork because I asked HR to provide a copy to me. I have spoken to the CA FTB and they sent a stop order to my employer after acknowledging, again, that the debt was not mine. Now, I am out $721 with no clear idea of when I will get my money back (CA FTB states it can take 6-7 months to issue a refund). This whole situation does not sit well with me. Both parties (CA FTB and my employer) dropped the ball. What options do I have?

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