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Credit Card Debt Collection issues with overdue or defaulted credit card debt.

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  #1  
Old 10-31-2008, 02:42 PM
gingermae gingermae is offline
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Default Garnishment
My question involves collection proceedings in the State of: Iowa...
I am getting one garnishment for a credit card out of my pay check which ends here in a few weeks, I have four more credit cards that is threatening garnishments. I tried to work out a deal but they all want more then I can send them. my question is how many garnishments can come out of your pay check at once.
thanks
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Old 10-31-2008, 03:14 PM
gigirle gigirle is offline
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Default Re: Garnishment
As many as they legally can. Have you considered either debt management or bankruptcy?
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Old 10-31-2008, 03:42 PM
aaron aaron is offline
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Default Re: Garnishment
The Iowa Code provides,
Quoting Iowa Code, Sec. 537.5105 Limitation on garnishment.
1. For the purposes of this part:

a. "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld or assigned.

b. "Garnishment" means any legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of a debt.

2. In addition to the provisions of section 642.21, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment to enforce payment of a judgment arising from a consumer credit transaction may not exceed the lesser of twenty-five percent of the individual's disposable earnings for that week, or the amount by which the individual's disposable earnings for that week exceed forty times the federal minimum hourly wage prescribed by the Fair Labor Standards Act of 1938, United States Code, title 29, section 206, subsection "a," paragraph (1), in effect at the time the earnings are payable.

In the case of earnings for a pay period other than a week, the administrator shall prescribe by rule a multiple of the federal minimum hourly wage equivalent in effect to that set forth for a pay period of a week.

3. No court may make, execute, or enforce an order or process in violation of this section.

4. At any time after the entry of a judgment in favor of a creditor in an action against a consumer for debt arising from a consumer credit transaction, the consumer may file with the court a verified application for an order exempting from garnishment pursuant to that judgment for an appropriate period of time a greater portion or all of the consumer's aggregate disposable earnings for a workweek or other applicable pay period than is provided for in subsection 2. The application shall designate the portion of the consumer's earnings which are not exempt from garnishment under this section and other law, shall specify the period of time for which the additional exemption is sought, shall describe the judgment with respect to which the application is made, and shall state that the designated portion in addition to earnings that are exempt by law is necessary for the maintenance of the consumer or a family supported wholly or partly by the earnings. Upon the filing of a sufficient application under this subsection, the court may issue any temporary order staying enforcement of the judgment by garnishment that may be necessary under the circumstances, shall set a hearing on the application not less than five nor more than ten days from the date of the filing of the application, and shall cause notice of the application and the hearing date to be served on the judgment creditor or the judgment creditor's attorney of record. At the hearing, if it appears to the court that all or any portion of the earnings sought to be additionally exempted are necessary for the maintenance of the consumer or a family supported wholly or partly by the earnings of the consumer for all or any part of the time requested in the application, the court shall issue an order granting the application to that extent, otherwise it shall deny the application. The order is subject to modification or vacation upon the further application of any party to it upon a showing of changed circumstances after a hearing upon notice to all interested parties.
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Old 11-02-2008, 09:10 PM
gingermae gingermae is offline
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Default Re: Garnishment
so all four of them can garnish my wages at once?
the one now take 90 dollars a week...
so if all four take 90 dollars a week it would be 360 dollars, that's about how much I bring home in a week.. so basically I won't even have a pay check.
I guess I better look debt management or bankruptcy. hard when you have too many bills , not enough money....
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Old 11-02-2008, 09:22 PM
aaron aaron is offline
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Default Re: Garnishment
Why didn't you read what I posted? If an additional garnishment would cause the amount deducted to exceed the maximum permitted under state law, you can petition for the amount to be reduced so that you don't pay more than the maximum.
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Old 06-23-2009, 03:59 PM
crc_one crc_one is offline
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Default Re: Garnishment
(what arron said is correct)
The max total wage garnishment is 25% of disposible earnings OR thirty times the minimum wage ($5.85/hr) -- WHICHEVER IS LESS.

So the max that can be garnished is $175.50 per week.
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  #7  
Old 06-30-2009, 07:19 PM
kinesis kinesis is offline
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Default Re: Garnishment
shouldnt have put where you work on public record or on your credit report and let the SOL Expire on those debts :/
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