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5 Bumps

My husband got a garnishment on his paycheck for a debt from 2003- 10 years ago!

They took 25% of his paycheck with two days notice.

Is this legal?! We don't even know what the debt is! When we called the company they even had the wrong address for him. We haven't gotten anything in the mail. I know he has unpaid bills, but really? They took 450 dollars, we are selling our belongings to pay rent this month. 10 years!! I don't know what to do!

Answer Question
 
Anonymous

Asked by Anonymous at 4:57 PM on Jun. 1, 2013 in Money & Work

Answers (19)
  • That is pretty shocking from 10 years ago, where have they been all these years? I don't really know how this all works but I will bump and hope you get some answers
    cassie_kellison

    Answer by cassie_kellison at 5:11 PM on Jun. 1, 2013

  • Check out this website: http://www.bankrate.com/brm/news/advice/20020910a.asp
    It says,
    Although having your paycheck garnished may be upsetting, it certainly shouldn't be a surprise. Garnishment is at the end of the road, after all other options have been exhausted. Most garnishments require a court order, and employers are usually required to notify workers about the garnishment before it goes into effect.

    Your first step should be calling the IRS.
    GL!
    ILovemyPaulie

    Answer by ILovemyPaulie at 5:23 PM on Jun. 1, 2013

  • If it was garnished from his paycheck, then more than likely there is some kind of court order. Which means he did have notice, when the court order was made. And as long as there's a court order (which I can't see any other way this would happen, really), then yes, it is legal. It might suck for you, but it's legal.
    wendythewriter

    Answer by wendythewriter at 5:41 PM on Jun. 1, 2013

  • does he have anyone after him for child support from a previous relationship?
    Anonymous

    Answer by Anonymous at 5:53 PM on Jun. 1, 2013

  • You didn't get anything in the mail because they had the wrong address. When you don't update companies with whom you have debt with current information and they can't find it, they can post notices in the newspaper for a certain period of time and that absolves them of their responsibility to contact you.
    missanc

    Answer by missanc at 6:12 PM on Jun. 1, 2013

  • Contact a lawyer 1st thing Monday to see what you can do to stop it from happening again & if they will work out a payment plan with you. If you call your local bar assoc,, they can give you a referral for a free or low-cost consultation. Or you could try a local university law school (if they're still in session)

    mrsmom110

    Answer by mrsmom110 at 6:24 PM on Jun. 1, 2013

  • It can happen. Some friends of mine went through exactly the same thing, and it's partly what drove them to bankruptcy.
    Ballad

    Answer by Ballad at 6:32 PM on Jun. 1, 2013

  • No one reads the newspaper! Ugh!
    Anonymous

    Comment by Anonymous (original poster) at 6:43 PM on Jun. 1, 2013

  • If he knew he had debt, he had to know that some of his creditors would eventually take action. He needs to get a copy of his credit report. He can find out what debts he still has outstanding, what action has been taken from, and what he needs to do to pay off the rest of his debts. If his debts were that bad, he probably should have filed bankruptcy, now that there is a court order, at least that one debt will have to be paid. Really, they all should be paid.
    ohwrite

    Answer by ohwrite at 7:13 PM on Jun. 1, 2013

  • Oh he has debt, BIG DEBT. So a copy of his credit report would show everything? He's probably 20k in debt. Maybe more.
    Anonymous

    Comment by Anonymous (original poster) at 7:15 PM on Jun. 1, 2013

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