Garnishment

Question: tell me something about the full faith and credit clause...same-sex marriage relates this this right? this is for a politics class..

Answer: The Full Faith and Credit Clause has been noted for its application involving orders of protection, for which the clause was expounded upon by the Violence Against Women Act, child support, for which the enforcement of the clause was spelled out in the Federal Full Faith and Credit for Child Support Orders Act (28 U.S.C. § 1738B), and its possible application to same-sex marriage, civil union and domestic partnership laws and cases, as well as the controversial Defense of Marriage Act (DOMA) and the proposed Federal Marriage Amendment. The clause has been the chief constitutional basis for the repeated attacks on the DOMA. Regardless of whether DOMA is constitutional, most legal scholars recognize that it is superfluous in some cases given the public policy exception in matrimonial choice of law. For even if DOMA is deemed unconstitutional, the long precedence of the public policy exception weighs in against the recognition of same-sex marriage, civil unions and domestic partnerships in states whose public policy prohibits it....... Supporters of the DOMA, however, have claimed that the clause could very well be used to defend the law..... http://en.wikipedia.org/wiki/Full_Faith_and_Credit_Clause

Question: The Constitutions Full Faith and Credit Clause...? A. delcares states must return fugitives for trial and imprisonment B. declares that judicial decrees and contract apply across state lines. C. prohibits legal discrimination based on state or origin. D. guarantees religious freedom under state governments. E. Give national laws power over state laws. I picked B and it was wrong. 1. Why was i wrong? and 2. What is the correct answer? Its A right? and why? Thank you soo much

Answer: B is correct. It seems your teacher made a mistake, or is liberal and doesn't know better. That was the only purpose of the Full faith and credit clause, to guaranty all states recognized the certifications, contracts, and judicial rulings from other states. Article 4, Sec 1, is the full faith and credit clause, and is very clear in its meaning. Article 4, Sec 2, is the clause regarding the extradition of fugitives.

Question: Spiritually, how is your faith in the "full faith and credit of the United States Government"? Have you/we given enough yet? Desiree- Um, and you're "rational"? You have got to be the single, most self-deluded person I have ever run across, so I wouldn't be calling anyone else "deluded".

Answer: The Chinese seem to think we're good for it. I'm conflicted as to whether this is reassuring or not.

Question: what is full faith and credit?

Answer: It means that you pledge all your assets, income, and ability to generate income to pay a debt. The full faith and credit of the US is pledged to pay back bonds, T-Bills, etc.

Question: what is the full faith and credit clause???

Answer: Full faith and credit clause. The clause of the U.S. Constitution (Art. IV, sec. 1) which provides that the various states must recognize legislative acts, public records, and judicial decisions of the other states within the United States. There are exceptions to this, a major one being that a state need not recognize a divorce decree of a state where neither spouse was a legal resident. Doctrine means that a state must accord the judgment of a court in another state the same credit of another state that it is entitled to in the courts of that state. A judgment or record shall have the same faith, credit, conclusive effect, and obligatory force in other states as it has by law or usage in the state from whence taken.

Question: Full Faith and Credit Clause!?!? can someone translate that into what it means in modern day? i'm so confused about what it is actually saying.... and you know...don't interpret it like a strict or loose constitutionalist...i don't want an interpretation just a translation..... sorry and thanks

Answer: The full faith and credit clause simply translated means that every state will accept things like diplomas, marriage licenses and things like that that are issued in one state. So if you get married in one state than the marriage license is still good if you cross state lines. The same can be seen in divorce decrees and child support and all those basic public goods and services. The only thing at this point in time that has not been placed under this is gay marriage, that is still pending. Other than that I hope that I have answered your question.

Question: How much longer can the U.S. get away with paying for things w/ "the full faith and credit of the US govt."? I mean the U.S. hardly ever pays the debt they create back. In fact they NEVER pay it back. (at least not in the last 100 years) So how much "credit" (ability to borrow money we don't have) does the U.S. have left?? I understand the Federal Reserve can print as much as they want. But you can't print as much as you want forever (especially when the Fed ALREADY dropped the interest rate to zero).........eventually inflation WILL start. No civilization in the history of man has been immune to inflation when they start printing money backed by nothing.

Answer: It will last as long as other countries have faith in our dollar. Which, if China is any indication, is about spent. What's funny is that we COULD pay off all our debt with useless money. It would just destroy the world economy. Those debts are in dollars though, no matter how many it takes to buy a loaf of bread.

Question: How do I update a current child support wage garnishment in CA? I have a court order for child support to be garnished. Also it is ordered that my ex pay half of all daycare, however at the time of garnishment there were not any. Now that my child is in daycare he refuses to pay. So I am trying to figure out how to update my current garnishment order to include this cost?

Answer: You need to go back to court. Child support cannot do anything about day care if the court order is for 1/2. You need a specific dollar amount. If you have your own wage garnishment go back to court to have child care included. You will have to have receipts to prove how much it costs.

Question: How do I begin wage garnishment of a former tenant? I had a tenant who was way behind on rent, I was able to ask them to leave and they agreed preventing me from having to go through the eviction process. Now I want to begin wage garnishment to get the money I am owed. How do I go about getting a court ruling so I can begin garnishment?

Answer: You can't at this point, you can only get a writ for collections. You can only garnish wages when you go through the eviction process.

Question: what do i need to do if judge approved a challenge to garnishment? i appeared on a challenge to garnishment for income taken from my account and the judge approved my claim of exemption. i do not know if there are further steps i need to take to actually get the money back as nearly 30 days later I have not received it. the creditor attorney stated they had not received the money so where is it? i live in oregon.

Answer: YOU MUST ACT PROMPTLY IF YOU WANT TO GET YOUR MONEY OR PROPERTY BACK. You may seek to reclaim your exempt property by doing the following: (1) Fill out the Challenge to Garnishment form that you received with this notice. (2) Mail or deliver the Challenge to Garnishment form to the court administrator at the address shown on the writ of garnishment, and mail or deliver a copy of the form to the Garnishor at the address shown on the writ of garnishment. If you wish to claim wages or salary as exempt, you must mail or deliver the form within 120 days after you receive this notice. If you wish to claim that any other money or property is exempt, or claim that the property is not subject to garnishment, you must mail or deliver the form within 30 days after you receive this notice. You have the burden of showing that your challenge is made on time, so you should keep records showing when the challenge was mailed or delivered. (3) The law only requires that the Garnishor hold the garnished money or property for 10 days before applying it to the Creditor's use. You may be able to keep the property from being used by the Creditor by promptly following (1) and (2) above. You should be prepared to explain your exemption in court. If you have any questions about the garnishment or the debt, you should see an attorney

Question: I have a state garnishment from a court ordered judgement.Will I get my stimulus pay or will they? it is not a wage garnishment it is only for tax purposes.

Answer: if it is state, i doubt it will affect your stimulas payment, however, go to irs.gov and ask.

Question: How can I stop a checking account garnishment? I had a judgement against me because I couldn't go to court or I would have lost my job. Even before we went to court I was paying them money. I continued to send them money after the court date even though I received NO paperwork from the judge or the attorney about the judgement. I then go to use my debit card today to get food at the store and its declined when I use the debit. It finally went through using credit. I called the number on the back and found out there was a lein for a garnishment on the account. I would expect a wage garnishment but not something on my checking account. I live alone and need to pay bills and rent with that money. Is there a way to get the lein off. Who would I contact about getting it released. I have a few ideas of what I can do but would like another few options. Please only honest answers. Anything dumb or stupid will be reported for abuse.

Answer: If there was a lien legally placed against your account, you probably can't get the money already taken back. But you can try to, by asking the bank for a form to challenge an unauthorized transaction to your account--just tell a teller at the bank that there is an unauthorized withdrawal from your account, that the creditor claims to have a judgment, but that you have never been notified of it. It is rare, but it does occasionally happen, that a creditor will lie about having a legal lien. If the bank won't help you with this, you can stop future garnishments, at least for awhile, by getting a new bank account, preferably at a new bank. You can avoid people finding out your bank account numbers by not using checks to pay bills. The creditor uses the information from your checks to obtain the lien. Use money orders or travelers checks to pay bills instead. If you get a new account, and it is later garnished, you may have to stop keeping your money in the bank, as unpleasant as that would be. I helped a friend with a similar problem recently. Be sure not to give out your banking information to anybody. Best wishes getting this straightened out.

Question: How and what do you need to file challenge wage garnishment in the state of Oregon? How and what do you need to file challenge wage garnishment in the state of Oregon? what criteria and reasons would be needed to so my money can be returned?My bank accounts are frozen due to back child support.

Answer: Likely it will not be returned, period. This is frequently done to men who never new they had a child and were hit with retroactive award. Even if the money were taken accidentally, it can be kept. You will need a good attorney, including going for custody. You need to know what all you can do on your own, and not pay the attorney to do. To begin with, check this website to see if they have any ideas on filing pro se. They ave free initial consultations. I've seen some good reports on them. They do all the extras that happen after a divorce. Be glad you're not in California or Washington where your income is also a consideration. http://www.helpyourselfdivorce.com/ To learn your rights, join Dads House in Yahoo Groups http://Dads-House.org/ CHILD SUPPORT http://icanhaz.com/ChildSupportModifying http://icanhaz.com/ChildSupport-OutsideGuidelines http://icanhaz.com/ChildSupportTrustFund http://icanhaz.com/ChildSupport-Contempt http://icanhaz.com/ChildSupport-EndsWhen http://icanhaz.com/ChildSupport-Taxes ATTORNEYS & YOU http://icanhaz.com/Lawyer-Choosing http://icanhaz.com/Lawyers-Interviewing

Question: What is the maximum wage garnishment allowed for Back taxes. California is already taking 25%, can IRS take? What is the maximum wage garnishment allowed for Back taxes. California is already taking 25%, can IRS take another 25% or another 50%. Please send me the link to the law itself if possible. Thanks in advance.

Answer: IRS does not use a percentage. It has a set exemption amount. For example, a single person with one exemption, would take home $179.81 regardless of his gross earnings. The percentage doesn't matter. There are different amounts based on marital status and number of exemptions. You need to resolve your problem before it gets to this point. http://www.irs.gov/pub/irs-pdf/p1494.pdf

Question: How long does it take a creditor to start a wage garnishment? My brother had a car loan ($10,000) that he couldnt pay on anymore and had it repo'd. After trying to work with them, they decided to cut it off and take further actions. He hasnt received any letters but the last call was a wage garnishment threat. I know they have to take him to court and get a judgement first. He wants to know since in CA they can take up to 25% of his wages - can he fight that lower??? and HOW LONG does it take from the start of the last phone call to actually going to court??? He is not running from it, but wants to let his employer know ahead of time so they are not suprised and he also wants to lower his withholdings since he has other bills as well and needs to survive.

Answer: I'm not sure of the exact procedure in California...but in many states it goes like this: 1) Plaintiff files lawsuit. You must be served and the court date is set. This can take 1-2 months depending on how efficient your court is. You can stall it another month by requesting another court date due to scheduling problems. 2) The judgment is issued, and you have a certain amount of time to pay. Generally this is 20-30 days. 3) If not paid, plaintiff returns to court for order to garnish wages. This must be served on the employer, and you then have a time period to appeal it to the court (2-3 weeks). It is my understanding that garnishment schedules are pretty much set and you can't get them lowered. You can, however, file a request for installment payments with the court. If approved, you will pay this amount outside of garnishment, and while you are making payments the plaintiff is prevented from garnishing your wages. In most states they can not go after bank accounts for file liens. But as soon as you miss a payment, the judge will grant a garnishment and you will not get it overturned. When you request installment payments, be prepared to have proof of your income and expenses.

Question: How does the math of wage garnishment work? Example. if you make 1000 and the garnishment is for 10 percent. States say they garnish the gross. so do they remove 10 percent and then tax the remaining 900? Any insight?

Answer: Yup, you are correct.

Question: Can I request installment payments on a garnishment in Virginia? I have a garnishment for a car that was repo. They are taking like over 500 in a month. My hubby was laid off and I the only one working.

Answer: Right now, the only options you have left are a loan to pay off the debt or bankruptcy. When they sued you, you should have gone to court with your budget so that the garnishment would be more reasonable.

Question: How do I remove a garnishment of wages? I am starting a new job and currently moving into a rental home but I have an existing garnishment that has already clean out and closed my bank account. This garnishment is from an account over seven years old. Not like that matters, but I have a family that I have to take care of and I need to pay off the account on my terms. How do I handle a situation like this?

Answer: Most likely you got sued within the seven year time frame. Only way to stop the garnishment is to file bankruptcy or make some arrangement with the creditor.

Question: How do you stop a garnishment? Are there any other steps I can take that I haven't already? I have a garnishment, it was for $800 then $200 for the court costs so a total of $1000 (give or take a little). I have now paid over $2000. I tried getting in contact with the debt law office, they won't return any of my calls (I've tried over a dozen times at least). They sent me a letter recently saying I still owe $400 and some, that they only recieved $426. I called the court, all they did was give me a web site where I can check all the activity going on and it clearly shows they have recieved all the money. Plus they said the only people that can help me is the debt law office. I even asked to get my job to stop it because they know I've way over paid. But they said they can't for legal reasons, they have to have the letter to release the garnishment. About 3 weeks ago I filed for a dispute against the debt law office but still haven't heard anything back yet. Is there any more I can do to speed this process up?

Answer: Contact your state's Attorney General's office. Look for the phone number in the state government pages in the front of the phone directory. When you call explain what is happening. Since you have proof of your claim since your employer can show when the garnishment started, and how much you have paid back so far. Explain that you have been unsuccessful in contacting the debt law office and to please advise what to do. They should be able to help you.

Question: How long til u recieve money that was held out your check from wage garnishment? Had my hearing yesterday and was found exempt and i was told i would recieve the money that had been taken out. I asked the judge but he said it was only his second wage garnishment case and he didnt know. Anyone know where the money was kept and how long til i recieve it?

Answer: I am sorry I wish I had an answer to give you, I am in a similar boat, the company that sued me has never told my employer to quit garnishing my wages, and they can't stop until they are told that the garnishment is satisfied. They have taken 500 dollars that is not theirs... good luck