Garnishment- Emergency!

[tyson24]

We knew they would be garnishing this pay period or next (Cap One) and we went to pick up my husbands check today and it was not there!!!

We are waiting for HR to call us, but is it common to hold a whole check to figure out how much disposable income that we have? We never filled out the forms they sent us.

I am PRAYING that his company just forgot to ship his check, otherwise, we are up a creek. We knew they would be garnishing, but not holding the whole check until they figured it out.

Any experience appreciated.

[JRScott]

What they can hold is largely dependent on the laws of your state.

If you never responded they most likely have a default judgment against you.

I'm not sure any state allows 100% garnishment but it could be the garnishment came through after his check was originally cut and thus a new one had to be made delaying his receipt of it.

[tyson24]

That could be, I never thought about that. So maybe not until Monday. If the garnishment was served on them it was served yesterday I think.

[Freddy03]

Do you know your state laws re: garnishments? Your husband could also tell his employer that he is filing BK and do not fill out the garnishment paperwork just yet.

I know in FL the co holding the judgment has to send the request to my employer and my employer could stall or even deny the garnishment. Then we would have to have a hearing in court. Which I requested a hearing already b/c I'm claiming head of household. In FL they can not garnish HOH wages. As long as I provide 50% of finanical care to a dependant.

Good Luck

[wnguyen]

Hi tyson

From what I know, the state's laws require/direct creditor, in this case Cap One, send to you a Garnishment Exemption Notice and Notice of Intent to Garnish. This notification must be sent to you at least 10 days before the garnishment starts. If they fail to do that, you may be allowed to object to any attempted garnishment. This is the laws. You might want to check with your lawyer for the accuracy. The most they're allowed to take away your disposable income is 25%. Usually your husband will get 75% of what he used to earn, payroll will deduct this amount.

[tyson24]

UPDATE:

Check was late getting shipped. Check is there now! I didn't think they would garnish without notifying him, but he was off today so I was concerned. I spoke with my attorney and told him that the garnishment missed us and that our car that could have been considered a insider transfer was transferred on October 2, 2009- We will finalize paper work and file on October 2. YAY!! At this point, any relief is appreciated

[JRScott]

Glad the check came through. Hang in there it'll get better.

[missdooly]

Hi Tyson24,
We have a summon with pending judgment with Discover. My attorney says 2 months or so. But, he thinks that it would be a lien on our home. He mentioned nothing about wages. I would think garnishment to my husband's wages. We are going to file but are waiting on a law to pass in NY state to increase exemptions and also waiting for some more depreciation on our car that we want to keep. My question is this. How long or how old was your debt with Cap One? And, how many notices did you get before the garnishment threat? I'm trying to buy my time. Your knowledge is appreciated