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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 |
Filed under: Wage garnishment

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.

Attorney Answers 4


  1. 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.

    The dialogue on this website does not constitute legal advice nor does it form any sort of attorney-client relationship.


  2. 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.

    The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship.


  3. 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.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer unless you sign a retainer agreement). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy. State bar rules require that I disclose my name/contact information in any communication (Glen Ashman)


  4. 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.

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