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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.
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. :wink:
Garnishment
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?
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. :wink:
A party in whose favor a judgment is given that requires the payment of money may have a writ of execution issued for its enforcement. Alaska Code Civil. P. _ 09.35.010. All goods, chattels, money, or other property, both real and personal, or an interest in the property of the judgment debtor not exempted by law, and all property and rights of property seized and held under attachment in the action are liable to execution. Alaska Code Civil. P. _ 09.35.070.
so it is very clear from the above quote if the person who is your lender have the requisite documents then only this garnishment will have some legal standing otherwise it is just a illegal act . :roll: :roll:
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. :arrow:
have been paying on debt (which the principal is paid) and husband received garnishment notification. What now?
garnishment notice
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