What would you like to do?
Answer No, they must follow the legal steps that are required by the laws of the debtor's state.
Unless you are referring to tax obligations or child support payments owed to the state, or overpayments of salaries or benefits paid by the state, they can't. Only courts (wi…th the noted exceptions) can issue garnishment notices or liens.
There are many reasons a person may face wage garnishments in Alabama, these can include bill collections and back child support. The statute of limitations on wage garnis…hments in Alabama is up to 20 years.
If you have a court ordered tax refund garnishment from Michigan and you now reside in New York For 4 years can they take the refund Also can the garnish the wages of the spouse if they file jointly?
Yes. they can, but you should file jointly and so they don't garnish the spouses part, file injured spouse, and I do not know why it is called that but I know my husband owe…s back support and that is how we have to file so I will get my part. Ans The one above, who erased my previous answer but goes on to say she doesn't really know what she is signing....well hope she qualifies or it could be criminal... And no matter what, to avoid the issue, filing seperately is better. And no matter what...getting your spouse to pay their obligations, (like there taxes or supporting their kids) is better. And if your in a community property state, or the debt doesn't come from those very specific things, etc., etc., injured spouse won't work. Accepting it, and when the problem comes up...you'll have serious ones (probably after he abandons you like he apparently may have done to his last), or just fails to pay his taxes now too...maybe lies on them (the current ones YOU ARE responsible for). You are an injured spouse if your share of the overpayment shown on your joint return was, or is expected to be, applied against your spouse's past-due federal debts, state taxes, or child or spousal support payments. If you are an injured spouse, you may be entitled to receive a refund of your share of the overpayment. For more information, get Form 8379, Injured Spouse Claim and Allocation.
Basically, bankruptcy uses all your assets to pay all your debts. Under the protection of the BK, you may be able to not have the garnishment taken, but that is only because… everything will be used to pay and clear all your debts. You MUST include all of your debts and all of your assets in the filing. You do not and cannot pick and chose what is involved. All are given priorities, some of each may be exempt from seizure or discharge. You really didn't think you could just go BK on something, have the debt discharged and simply keep everything else you want, did you?
Canada has recipical agreements with certain states in the USA concerning Child Maintainence Enforcement. The world is shrinking for deadbeat dads. I do not think that Canada …would take issue with enforcing USA orders in return.
your wages still garnished
Because creditors may garnish your taxes, your bank account, other financial accounts, and may attach other real property with a court order.
No - there must be an order for support entered by a court or the State's child support agency, but if a retroactive order is issued, your wages will be garnished. There has b…een a problem with employers receiving phony claims for child support garnishment in recent months. By the time the man confirms there is no claim and notifies employer, the money is already gone. If you have a child, you need to establish an order. see links
No, but if the appeal is favorable to the SSA they can recover the overpayment amount via garnishment of income.
Apparently so. I got my check yesterday and discovered $200 was garnished from Benton County for non-payment of fines from 1997, 16 years ago. I was never given a chance t…o contest the garnishment, object to it, or anything. no warning that it was going to happen, just got my check in the mail and it was $200 less than I expected.
No!! except in cases of I believe child support, or money owed to the I.R.S. and stuff. But your average VISA, MASTERCARD, or J.C. PENNY charge account ? No they can't garnish… you once you file chapter 7 or 11, or whatever. Of course if you open a new line of credit AFTER you file, then yeah, 'cause you cant file bankruptcy again for 7 years I believe it is. (But what idiot, would wind up back in bankruptcy so quickly ? filing is such a nightmare now, it makes you want to manage your spending much more carefully)
Generally, a certified letter is sent to the last known address. If you have moved they do not forward it or look any further. The court considers this a good faith effort and… do not require any further effort. The court would have required proof of the effort before garnishment would have been approved.
It's not going to happen. You owed money and that creditor went to court to get your employer to deduct what you owed them from your paycheck and send it to them. Your employe…r does not owe you a dime. They followed a court order. They had no choice. You went bankrupt AFTER the garnishment, so anything paid BEFORE the bankruptcy is water under the bridge. You cannot "get money back" on something that was paid before the bankruptcy. Since you went bankrupt, the garnishment should stop but you will not get any money "back".