my wages are being garnished what are my rights
Atlanta, GA
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Posted 9 months ago in Debt Collection
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garnishment:
my wages are being garnish by a finance company. and they're askin for more money than whats on my credit report. whats the best way to handle this situation.
Answers (2)Margery Ellen Golant
This attorney is licensed in Florida and 1 other state.
Posted 9 months ago.
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It is noit unusual for the information on the credit report to be incorrect. If your wages are being garnished, that must mean that the creditor sued you and obtained a judgment. The court proceeding deternines how much the judgment is for, and then the creditor is allowed to add interest, costs and additional attorneys fees to the amount of the judgment.
Depending on the amount involved, it might be worth considering bankruptcy, which could lift the garnishment. It would be a good idea to contact a local bankruptcy attorney to discuss the details and see whether that would be a help. Auden Lewis Grumet
This attorney is licensed in Georgia.
Posted 9 months ago.
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I'm not sure I fully understand your question, but it sounds like there was a Judgment [Court Order] issued against (or entered into by consent) you - basically the only means of obtaining an enforceable [Post-Judgment] Garnishment - and you want to know if the amount of the Judgment [and in turn, the Garnishment] must be identical to the amount of the alleged debt as reflected in your Consumer Credit Report.
If my understanding is basically correct, I would note the following (generally speaking with the usual "this is not formal legal advice disclaimers): the contents of your Consumer Credit Report - including with respect to the debt at issue - are essentially irrelevant to the inquiry - and for that matter, are of no legal consequence except insofar as such pertain to a direct dispute as to the accuracy of same in the context of an Fair Credit Reporting Act ("FCRA") or related claim. In other words, a Credit Report is really nothing more than a compilation of [mostly financial] information collected by a private company [Credit Reporting Agency ("CRA")], for use by another private company [e.g. bank/lender]. The "amount" was presumably determined by a judge or jury based on a calculation of the damages to which the Plaintiff [who, it must be assumed, sued you, the Defendant, in the first place to get the Judgment] was found to be entitled - having met its burden of proof to establish same. So there must be more to the "story", so to speak. So unless the issue at hand is related to a formal dispute as to the accuracy or completeness of the information contained in the Report - which, based on your question, does not appear to be the case - the contents are irrelevant. Thus, my informal answer is "No, with respect to claims that are not directly related to FCRA liability, I am aware of no legal authority or principle which mandates that the information [about a particular debt or otherwise] contained in a Credit Report must be identical to the amount as claimed in a Garnishment (or a lawsuit). In sum, I would say that so long as the amount of the Garnishment has been accurately determined [typically comprised of up to 25% maximum of your earnings per pay period] based on the amount of the underlying Judgment, it is lawful. I would also add that with the exception of certain very limited circumstances, it is extremely difficult [in GA at least] to have a Judgment overturned or set aside [especially if it is one entered "by Default"]. Auden L. Grumet, Esq. The Law Office of Auden L. Grumet, LLC |