ExpertLaw Forum - Help With Your Legal Questions
Debt Collections Issues involved in the collection of debts, including car loans, student loans, credit cards, judgments and medical debts.

Reply
 
Thread Tools Display Modes
  #1  
Old 11-30-2005, 04:15 PM
SparkleHorse SparkleHorse is offline
Junior Member
 
Join Date: Nov 2005
Location: Kentucky
Posts: 3
Default Full Wages Being Garnished
My husband closed an account in Illinois three or four years ago. After switching banks, and going through two employers, the bank is now garnishing his entire wage. This info came from his current employer's HR rep, when we originally thought there was a problem with his direct deposit (since NONE of the money is in our account). Apparently, after the accnt was closed, a check was cashed to the closed accnt and the bank says he owes them for that money.

When he calls, the bank puts him on hold, gives him the runaround, doesn't return his phone calls and is being generally useless. He doesn't want to rock the boat too much at work, because he can't afford to lose this job right now.

Who can we talk to to get *something* done? He can't even get someone at the bank to give him a straight answer and help him solve the problem. We can't afford a lawyer (but I make too much for legal aid), but he's gone 7 months without a paycheck.
Reply With Quote
  #2  
Old 11-30-2005, 06:05 PM
Mr. Knowitall Mr. Knowitall is offline
Senior Member
 
Join Date: Sep 2005
Location: California
Posts: 32,460
Default Garnishment over bounced check
That must have been an enormous check that he bounced....

Are they garnishing the money after it is direct-deposited in his bank account, or is the employer paying them directly pursuant to a garnishment order?
Reply With Quote
  #3  
Old 12-01-2005, 10:24 AM
SparkleHorse SparkleHorse is offline
Junior Member
 
Join Date: Nov 2005
Location: Kentucky
Posts: 3
Default
That's one of the issues - nobody will tell us any information about how much the bounced check was for, etc. The money isn't showing up at all in the direct deposit account, so doesn't that mean it's being directly given by the employer?

Isn't it illegal to have your entire wage garnished? Aren't they only legally bound to take x percentage?

My husband doesn't believe he'd have ever written a check worth six months of paychecks.
Reply With Quote
  #4  
Old 12-01-2005, 12:11 PM
Mr. Knowitall Mr. Knowitall is offline
Senior Member
 
Join Date: Sep 2005
Location: California
Posts: 32,460
Default Garnishment
Quoting SparkleHorse
That's one of the issues - nobody will tell us any information about how much the bounced check was for, etc.
A garnishment order doesn't exist in a vacuum. There's a court judgment somewhere, which can be traced by the information on the garnishment order, should you bother to do so.

Quoting SparkleHorse
The money isn't showing up at all in the direct deposit account, so doesn't that mean it's being directly given by the employer?
It would be wise to find out.

Quoting SparkleHorse
Isn't it illegal to have your entire wage garnished? Aren't they only legally bound to take x percentage?
There are limits on garnishment of wages. But once the money has been deposited in a bank account, it's no longer wages.
Reply With Quote
  #5  
Old 12-01-2005, 02:46 PM
SparkleHorse SparkleHorse is offline
Junior Member
 
Join Date: Nov 2005
Location: Kentucky
Posts: 3
Default
Quote:
A garnishment order doesn't exist in a vacuum. There's a court judgment somewhere, which can be traced by the information on the garnishment order, should you bother to do so.
What makes you think we're not bothering to do so? My husband's repeated calls, messages, and emails are going unreturned. What would you have him do?

My husband has been trying to get in touch with his company's HR person who hasn't returned his phone calls. If she did return his phone calls or agreed to meet with him, he could then ask her for a copy of the garnishment judgement.

If the bank would return his phone calls or take at least a passing interest in the goings-on of their (albeit former) customers, he could get some information from them about where the money is going and when it is being garnished.

There is only a certain amount of research/digging I can do myself, as it is after all my husband's account and banks and employers will not give me any of this information. Which is why I posted here - in the hope of getting some actual useful information.

If someone has had a similar experience and dealt with it successfully, I would like to hear about it. If someone has some helpful advice about how to find the information we need, that would also be appreciated.
Reply With Quote
Sponsored Links
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Forum Sponsor

Similar Threads
Thread Forum Last Post
Garnished wages for unpaid federal Loans Student Loan Debt 06-28-2006 06:43 AM
Full custody and no parenting time interference by hospital and agencies Child Custody and Visitation 05-18-2006 09:55 AM
Looking to get full custody Child Custody and Visitation 05-09-2006 12:15 PM
Questions about Full Custody Child Custody and Visitation 07-29-2005 01:08 AM
Garnished wages Child Support 04-20-2005 11:11 AM



All times are GMT -7. The time now is 06:13 AM.

Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2008 ExpertLaw.com, All Rights Reserved