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I live in WI and I pay 25% of my wages per wk for child support. Can the loan company still garnish my wages?

I had them repossess the vehicle and now they are threatening garnishment on my wages. But I cannot find any information online about the rules and laws regarding this.

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Attorney answers (2)

Reputation Level 19
Usually garnishments are one at a time except bank writs, You will need to consult with a lawyer locally.

Start keeping a detailed log of all calls and letters. You should also demand in writing all communications from creditors is in writing.

Do not give them any personal information because that is how collectors decide on which accounts to recommend suing.
If you are going to make payments use money orders and not personal checks or “check by phone” because if they find a bank account the collector will be more likely recommend a lawsuit the their legal department. Get written confirmation of any payment plan the agency will accept.

I do not practice in your state and you will need to consult with a local lawyer for protection under your state law.

I have pasted a link to the FDPCA to help you with your federal rights;

http://www.ftc.gov/bcp/edu/pubs/consumer/credit...

Good Luck

Reputation Level 13
There are statutes which deal with garnishment (Wisconsin Statutes Chapter 812). The general rule is 20% of your disposable income can be garnished or 25% if you have child support involved. (see 812.30). An attorney would be able to look up if the 25% garnished for child support is different from the 25% of disposable income referenced in the garnishment statute.

Remember there are other ways the creditor can chase you. The creditor could potentially execute on some of your property. An attorney might be a good idea if you want to explore bankruptcy or other debt strategies to prepare for the future. Good luck.

Disclaimer - 1. The above answer is not legal advice and should not be construed as such. 2. You should always seek representation before making an important legal decision. 3. The above communication does not create any attorney/client relationship.

Other answers (1)

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Wisconsin Citizen

There is a public web site in wisconsin to assist you in legal research. The web site is located at www.wcca.wicourts.gov It is a wisconsin circuit courts web site, and has links on the top to "law libraries" and other legal search engines. Best of all, its free. I use it all the time for looking up things. I don't want this to sound like a plug for the site, but It has helped me so much that I want to tell others about it.

If you go to the "links" button, it will show you wisconsin statutes web site and you can look up a law by entering a few words of your concern. I think the section you are looking for is on garnishments. Good luck.

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