Ask Me Help Desk - The right to garnish wages

The right to garnish wages

I have a judgement against me from a previous landlord, when I was first contacted by the collections agency who now holds the account 8 months ago I responded with a willingness to work out a payment plan. I never heard back from the agency until today 8 months later and they are demanding that the amount owed be paid in 2 payments this month and next month or since I have a judgement they will garnish my husbands wages. I have a serious medical problem that won't allow me to work and to garnish the wages will be a severe financial hardship. Can they do this? If they would have responded 8 months ago the amount due would have been almost paid off by now.

If the debt is for both of you, and they have a judgement against both of you, they can garnish his wages. But I would guess that if they could, they would have already garnished his wages, most likely this is a lie to get you to pay ( but that is only a guess, since we don't know what state you live in, ** some states don't even allow personal garnishment of wages.

They can of course attach ( garnish) any joint bank accounts once the money is put into it.

I worked for a law firm for several years and as far as I know, in many states, a collection agency can not garnish wages from the head of household.

When you offered payment before did they agree to this? If so, and you did indeed pay them the agreed amount, they are in violation.

If it was me, I would contact an attorney if you have not already. Collection agencies will bully you into things and try to scare you, that is their job. The best thing you can do is try to find out exactly what YOUR rights are and go from there. Here is a link that may help you. It is for the Fair Debt Collection Act. Perhaps this will give you an idea of how to handle this. The Fair Debt Collection Practices Act

Quote:

Originally Posted by Fr_Chuck

If the debt is for both of you, and they have a judgement against both of you, they can garnish his wages. But I would guess that if they could, they would have already garnished his wages, most likely this is a lie to get you to pay ( but that is only a guess, since we don't know what state you live in, ** some states don't even allow personal garnishment of wages.

They can of course attach ( garnish) any joint bank accounts once the money is put into it.

Thank you for your information I am looking into the laws of WA state.

Hello debt:

Garnishment is allowed under Revised Code of Washington 6.27.005. It is limited to greater of 25% of disposable earnings or thirty times the federal minimum wage. RCW 6.27.150 and 6.27.010.

excon

Quote:

Originally Posted by excon

Hello debt:

Garnishment is allowed under Revised Code of Washington 6.27.005. It is limited to greater of 25% of disposable earnings or thirty times the federal minimum wage. RCW 6.27.150 and 6.27.010.

excon

Thanks a million I appreciate it

Quote:

Originally Posted by sarabethdozier

I worked for a law firm for several years and as far as I know, in many states, a collection agency can not garnish wages from the head of household.

When you offered payment before did they agree to this? If so, and you did indeed pay them the agreed amount, they are in violation.

If it was me, I would contact an attorney if you have not already. Collection agencies will bully you into things and try to scare you, that is their job. The best thing you can do is try to find out exactly what YOUR rights are and go from there. Here is a link that may help you. It is for the Fair Debt Collection Act. Perhaps this will give you an idea of how to handle this. The Fair Debt Collection Practices Act

This is not correct in many States - your head of household status does not matter. However if this is your debt and your husband is not on the loan/credit card his wages cannot be touched. Any joint bank accounts can be.

It sounds like there was an offer to pay but no response from the collection agency. Are you sure this has gone to Judgment? I don't know why a collection agency would be pursuing you under that circumstance - the landlord would simply enforce the judgment.