Wage Attachment

Question: can i legally deduct a wage attachment from a subcontractor? my husband owns a logging/ lumbering business and received an ordered wage attachment from a sub-contractors probation office. they are under the assumption that he is an "employee" when in fact he is a subcontractor on a job to job basis really. they want us to deduct money from every paycheck to send to them. i don't think legally we can do this since he works at-will. he's is not technically given a schedule and turns in his hours at the end of the pay period and is paid an hourly rate that he set. we basically rent his labor and him to operate his own machine.

Answer: Apparently,the sub contractor is not paying his bills. If your business has a lawyer on retainer,you should consult with him or your state dept. of labor. Generally,a sub contractor is responsible for his/her own wages,taxes and bills. They may be trying to get around this by claiming he is an employee because he gets paid by the hour and not by the job. The IRS can tell you for sure and how to deduct it if possible. I always recommend asking the IRS first,if they answer wrong,it is their fault. Double check with the IRS to make sure the info is still correct before filing a Business tax return since the tax laws change.

Question: Can a court do a wage attachment if a tenant owes rent? This is in PA and I think I will probably have to take a tenant to court for rent however, I have always heard that it is not enforced and basically a waste of time and money. Can't there be a wage attachment? (I have never had to take anyone for unpaid rent-usually they pay up after the threat of being taken to court)

Answer: You can, be sure to ask the judge. If the judge does not know you want it then you will not get it. As this is stolen wages, not bad debt you will get it. You get 25% of there income, at 10% interest until your income has been restored.

Question: What can I do about a department of education wage attachment.? I have been a community college teacher in PA for 10 years and recently the department of education attached my pay for $670.00 a month for student loans. Under the new laws, do I have options for getting rid of this attachment? The loan is over 20 years old and I have been in default for almost all of that time.

Answer: Why don't you pay your debts like all responsible adults should do!

Question: How can I stop a wage attachment? They take out 200 out of each pay check . It is a tremendous financial hardship.

Answer: Depends on who is collecting from you. You can petition the courts to reduce the amount if you can show that your having a hardship. Good luck

Question: Does Anyone know how wage attachment for child support works with Child Support Services in CA? I just opened a case with CSSD They sent me a copy of the Order Establishing Support. (Form FL632) What is the next step? How soon now will it take my ex to start having wages attached. The kids need money???

Answer: Not sure how long it takes, but in CA they do not let the parent get away without paying. My girlfriend is still getting past child support that is owed to her and her son is 32 years old

Question: Hey people I have an important question to anyone who knows anything about wage attachments.? Okay I had my wages attached for 4 and a half months. They took almost 400 dollars a month from me. Now the wage attachment has finally ended and I can get my hair done again and wow maybe even buy an outfit or two. It's been like hell without any money. My Aunt said the same people cannot attach your wages more than once Is this true? Can I spend my money or should I prepare myself for another wage attachment? There were two people on this bill. Half is paid now from my wage attachment. Can they Do it again now that the wage attachment is expired? Oh please I wanna go shopping it's been too long. Oh yeah the wage attachment was for an apartment eviction that wasn't my fault not credit cards or anything. It probably sounds like I have a shopping problem. I don't. I just haven't went in five months because of the wage attachment!!!! I owe 3,700 dollars for four months rent and interest. Also I hope they attach my ex roomates wages next not me again is that fair? They've already attached me once. Can they do it again? My ex-roomate didn't have his rent and i had mine. Then he moved out in the middle of the night behind my back.

Answer: Your wages can be attached for an unlimited number of times until the debt is paid off completely. Was your roommate's name on the lease? Even if it was on the lease, most liability is joint and several liability. That means a creditor can go after either of you for the entire debt amount. If your wages are attached and you end up paying the entire overdue rents, then it is your responsibility to then sue your roommate to get back the share of the rent money that she should have paid.

Question: Can i sell my home while back payments are included in a chapter 13 wage attachment plan? I currently own a home that i am letting my ex rent until he can buy it. We majorly defaulted on payments and i included them into a chapter 13 along with a few small medical bills. My lawyer told me that when i sell the house, the buyer will pay off the mortgage as well as the chapter 13 in full. I just wondered how this was possible when it was my decision to file the bankruptcy. The ex is giving me grief over this because he wants to buy the house from me and i want to try to find some solid answers to give him so that he knows i'm not just playing around. I appreciate any response and thank you.

Answer: Your house payments in a rears and your medical bills are now seen as liens on your house, along with the existing mortgage. Thus, in order to sell it, all liens must be satisfied (paid off) before the property can transfer to another person's name. Your ex can buy it at any time he desires but only at a price that you agree to that, at the very least, pays off all of the existing liens.

Question: questions about wage attachments? If you have a wage attachment issued in delaware on your monthy income can your taxes be waged as well?

Answer: Yes, if you owe money, all of your potential income is fair game.

Question: When you have wage attachments on court fines, does it show up on your credit report?

Answer: Yes, because for a wage attachment to happen, the creditor must present their case before a judge, and a judgement must be filed. It is a legal action that will show up on your credit report under civil or public judgements.

Question: What consequences can occur from a civil action lawsuit? If a company is suing you for money owed (i.e. credit card ) what can they benefit from a civil action lawsuit if the person they are suing has no assets. Can they attach that person's wages? If so, how do they determine they wage attachment amount?

Answer: Ok.. first some basics.. you didn't mention which state you are in and Criminal and Civil laws will vary accordingly. So. with that said here are some general issues based in a California scenario. 1) Anyone can sue anyone for anything. That is a given (and is prob. why we have so many lawyers) 2) If you are sued in Civil court it means that someone is alleging that you have 'wronged' them in some way and is seeking to be made whole. Generally this is via a financial award although it can also be for the return of property or interest. 3) If you are sued and lose (and do not appeal or lose the appeal also) the winner will be issued a notice of judgement. This is the court's way of certifying the debt. With that notice the plaintiff has a lot of options. They can: a) Lien your assets (bank account, property, car, ... anything that has value. The general process is that they present the Notice to the Sher. he creates a seizure notice and goes out and takes it. If it is cash he deducts his fee and turns it over to the plaintiff. If it is property or assets, it is stored (at your eventual expense) and then auctioned off. The proceeds are applied to the costs (storage, auction, etc.. and the debt) and any change is returned to you. If it didn't pay off the debt the process starts over again. b) Attach you wages. In California this means that up to 50% of your check (after you pay the taxes) is with held by your employer and delivered straight to the creditor. Your employer may charge for this and deduct it from the payment to the creditor (who, of course, will add it to your bill). c) MEANTIME.. your debt is now officially growing at whatever the legally prescribed rate is (I think it is 7% in California). This interest is automatic and does not require the plaintiff to sue again to collect it. Finally, once entered, the judgement is good for 7 years and then can be renewed for another 7 years. Unless you do not plan to work, own a car, or have any asset whatsoever for the next 14+ years you will be, to use the technical term, screwed. On the plus side. Some credit companies will write off a MAJOR portion of bills if you opt for some kind of debt consolidation. Sometimes you can end up paying 40 cents on the dollar and settle the bill. BUT.. this goes on your credit report and will stay there for 7 years. To me this is the lesser of two evils but you may not have that option. anyway..... hope that helps..... g

Question: What is the wage garnishment laws in Montana? This is what the wage garnishment laws is here in Montana: Montana Code Title 25, Chapter 13, and entitled 'Execution of Judgment' authorize wage attachment. There is no continuous garnishment for employees provided by the Montana Legislature. The wage exemption statute is identical to the Federal exemption statute and an execution writ is good for 60 days. I don't know what this all means for instance, what is a wage attachment? Also can the wage garnishee only take for 60 days only since it states that employees don't have continous garnishment?

Answer: Call Montana's State Wage & Hour office: (406) 444-5600 Ask them if they can answer specific questions about this or if they could refer you to the agency that can.

Question: When child support is put on hold does the money get put into an account or does the wage attach stop? When child support is put on hold does the money get put into an account or does the wage attach stop? I'm in CA. To make a long story short I opened a case in Jan of this year and finally few weeks ago go to the point of th county sending out a wage attachment to his employer. Well NOW he decides he wants to establish paternity. Even though he didn't respond in the 30 days allotted thy still allowed him to o this thus they put th order on hold. He owes about 10k in back support plus 1400 a month. What will happen when it's on hold? Will they stop the process of the wadge attachment or put it into an account until the blood work comes back? I know he is the father there is no doubt about it. Side note: This case has been a "lost case" for two months and on multiple occasions it was sitting on a desk somewhere for three weeks without moving. He makes 9k a month gross. I have 100% custody right now and there is a no contact order on him right now with the child. Popeye420: Many people ask the same ? in different categories. You sound like you would be just like him, a dead beat dad trying to get out of your responsibilities etc. BTW the money isn't for me its for my son. If you play you pay.

Answer: I completely agree with you on that!!! If you play you pay.

Question: when child support is put on hold does the money get put into an account or does the wage attach stop? I'm in CA. To make a long story short I opened a case in Jan of this year and finally few weeks ago go to the point of th county sending out a wage attachment to his employer. Well NOW he decides he wants to establish paternity. Even though he didn't respond in the 30 days allotted thy still allowed him to o this thus they put th order on hold. He owes about 10k in back support plus 1400 a month. What will happen when it's on hold? Will they stop the process of the wadge attachment or put it into an account until the blood work comes back? I know he is the father there is no doubt about it. Side note: This case has been a "lost case" for two months and on multiple occasions it was sitting on a desk somewhere for three weeks without moving. . He makes 9k a month gross. I have 100% custody right now and there is a no contact order on him rigt now with the child.

Answer: Everything will continue to be on hold or suspended until paternity has been established. Meaning, no support with be with held, no account will be set up, and no support money will hit your hands. However, once paternity is established and it is proven that he is in fact the father of the child the order and support obligation will be retroactive. Meaning that the order will be effective from the date you filed the order, thus he will be hit with an arrears payment that he can pay in a lump sum or payment arrangements will be made via with holdings from his employer. $1400 is pretty steep unless he is making over $200k per year. So expect the support obligation to be modified and expect him to petition the court for a custody and visitation order because the time share that the child spends with each parent holds a significant bearing on the support obligation. If the support obligation is modified it will also be retroactive so you could expect the dollar amount to be lower or even sometimes higher than what you were initially given form child support services. Keep in mind that California uses the Densomaster system to establish support guidelines. It's a pain to figure out on your own but generally is somewhere around 20-25% of gross monthly income. Your income will also be figured in, along with time share, and health and medical benefits as well as child care if any. By your post, it sounds as if you care more about the child support than your child! I think you opened a can of worms that your aren't mentally maturely ready for. If the father makes the kind of cash each month to warrant $1400 per month in support I'd recommend that you get yourself a very good attorney. He just might slap you with a court order if/when he finds out paternity. A "no contact" order will mean little if the father seeks visitation. The court may order supervised visitation, but the court will order some form of visitation if the father requests it. The court will also appoint a "child counselor," basically an attorney who represents the best interest of the child who will investigate (they don't do anything but meet with both parties and form a decision, it's a waste of time and money) the issues surrounding the case and then they will inform the courts of their recommendation. Generally the courts will always go along with the appointed attorneys recommendation.

Question: Need advice on attachment to my bank account for a credit collection? I looked at my bank account today and saw that 1500 was taken out. When I called the bank they told me that this was a attachment to my bank account is where they freeze and try to take the money from your savings or checking account. This was from a credit card that went into collections. I never received any information from the collection agency or a lawyer that this would be happening. Furthermore, I just got my credit reports printed out and neither of them indicate that there was a judgment ruled against me. I called the law office who got this judgment to go through and they said the money wasn't withdrawn from my bank account its just put on hold. What legal options so I have to get this garnishment released considering I was never notified about it and it was never on my credit report. I am in the process of adopting a child and was told that if I file as head of household (which I do) and can show I'm responsible for a child (which I will be in November when the child is here permanently) that they cant garnish my wages. I live in Pennsylvania. Thanks for ur help!

Answer: It generally is necessary for a judgment to be rendered against you. This means they were required to serve you with papers to start the lawsuit. I do not practice in Pennsylvania, but if there is a valid judgment, it is likely that at some point you, (or someone in your household) was served with a petition. This means that they then obtained a judgment against you. Once they did that, they located your bank and asked the court to issue a garnishment. I would first go to the court the issued the garnishment, (the bank can give you a copy of the garnishment papers, which will have the name of the court) and look at the court file involved. If you don't understand the proceedings, I think your most prudent choice would be to consult an attorney. If you don't know an attorney, contact your local or state bar association for a referral.

Question: how do i stop wage attachments on my checks? because i do not owe arrers

Answer: go back to the court; but if it's child support, they can continue to garnish if you were EVER behind depending on the state to make sure you don't miss another paymernt.

Question: What will happen to my attachment of earnings when I start getting Maternity Allowance? Hi there I currently have an attatchment of earnings on my wages due to me not paying my council tax and am due to start getting maternity allowance in November. Does anyone know if it still gets taken off as MA is not classed as wages is it? Thanks

Answer: MA is still wages but would normally be too low for the attachment of earnings order to deduct anything from as you have to earn above certain levels for deductions to occur, in the first 6 weeks where you get 90% of your pay, expect to still pay the CTAEO but after that it will stay on hold until you are back working again.

Question: Question on irs levy and noftl? My husband and I are nearing the end of a long garnishment with the IRS. The lien and wage attachment is listed as a "joint liability" for 1996-2000. He is the only one employed. The Central lien Unit filed a lien on me only for tax years 94/95. He is not mentioned nor are they garnishing for those two years. My question is when the garnishment is paid in full, as it will be soon, must they release it.

Answer: A garnishment may or may not be for the total amount of tax liability (the amount of the lien). When the liability has been completely satisfied, the lien will be removed (there's generally a relatively small administrative fee you must pay to have your lien actually removed), but there will be no further financial consequences.

Question: Both parites in a divorce are incompacitated. How does the divorce get finalized? Do the POA's have to sign? They're both placed in nursing homes. There is already a wage attachment to one parites pension. Are the POA's the ones who have to sign for the parties now? What if you know that the one party wouldn't want the divorce to happen

Answer: there are numerous different types of POA's, and you need to see what they are authorized to do by them.

Question: I have an `attachment of earnings` order on my wages.? The CSA takes about a third of my weekly wage and I don`t get paid for going sick. I have come down with the worst bout of flu and I just can`t see myself making it into work on monday. I`m a lorry driver and my job is very physical (loading/unloading). Will the CSA still take the usual £77 or are my wages protected so I can still meet my bills. I`m really worried. thanks if you can help.

Answer: I had this situation a few years ago. If you dont earn any money one week, or less than what they would normally take, then they will just add it to your next payment and take 2 wekks money in one go. Very unfair but unfortunately there is nothing you can do. Appeal against the amount though as i beleive (although i may be wrong) that they can only take a maximum of 20% of your disposable income. Even if i am wrong its still worth appealing. I was paying £95 a week and on appeal it went down to £0:00 and has never gone up since

Question: Can a US resident be ordered by US courts to pay interest above Usury limits on a loan made from a UK bank?? Would a UK Consumer credit company be able to collect in the US or get a charging order against assets in the US for a loan contract made on the internet on a UK web site, by a US consumer living in a state with strict Usury laws, if the interest agreed upon would be illegal if it had been made by a US bank, allthough legal in the UK? Assume that part of the loan agreement is that the contract will be governed by UK law. The UK has no usury law and much more lenient consumer credit laws. Would a charging order be necessary and would it have to be obtained in english courts or in US courts? Would a voluntary wage attachment agreement be legally binding for such a loan?

Answer: Yes. The place the loan is originated is the place whose laws govern the loan. Your loan is governed by the UK. Could I take out a loan in Michigan for 25% and then move to alaska and only be expected to pay 8.5%??????