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Can i have my wages garnished by a second mortgage where my home was foreclosed in 2010 i live in Georgia but employed in SC

Danielsville, GA |

this home was auctioned off. the balance on my second mortage is more now than when i borrowed it in 2002 company said i have paid interest only on loan I cannot afford to keep making payments and going nowhere.

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Attorney answers 4


Assuming they followed correct procedure, they can garnish your wages for anything that was not paid. You can also ask for an accounting or payment history to see how they are calculating the balance owed. I would be the balance is pretty big so you may have to consider bankruptcy. They know that's an option for you, so they may be willing to settle for a fraction of what is owed.

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You will not be garnished unless first you have been sued and a judgment has been entered against you. Has either of these things happened?

If there is a judgment and your employer does business in Georgia (even if you actually work in South Carolina) there is a possibility that you will get garnished.

I would suggest that you have a consultation with an attorney to help you evaluate your options. There are some situations where you may have good defenses to a second mortgage.

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Assunming you get sued and lose a judgment, yes you could fce garnishment. Sit down with a lawyer ASAP. The lawyer will evaluate the claim, and bankruptcy may also be an option for you.

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South Carolina has unique restrictions on wage garnishments. Please check with a South Carolina lawyer. We Georgia lawyers don't know what we're talking about when it comes to South Carolina law.

Martin David Marshall

Martin David Marshall


This is a good point. If I recall correctly, SC might not allow garnishments for consumer debts at all. Of course, if the creditor can get jurisdiction in Georgia for the garnishment, they will simply file a Georgia garnishment.

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