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rpatrick
447 Posts |
 Posted - 05/09/2008 : 8:05:13 PM
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how does someone get the court to halt a wage garnishment?
hearing is already set... |
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Banker0679
6480 Posts |
Posted - 05/09/2008 : 8:15:27 PM
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| very simple...quit your job |
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Originate_This
202 Posts |
Posted - 05/09/2008 : 8:29:43 PM
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If it's been issued it's hard to get it undone. If you can prove that they are taking too much the judge can amend it. However, that judgement is in place for the next 21 years I believe in Ohio, so unless you get 1099'd the rest of your life you're pretty much out of luck.
One way though you can stop it immediately is to file BK. Not a great option but it puts a stop from creditors collecting ASAP. |
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Banker0679
6480 Posts |
Posted - 05/09/2008 : 8:34:48 PM
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i dont think you can hide from child support in BK
quote:
Originally posted by Originate_This
If it's been issued it's hard to get it undone. If you can prove that they are taking too much the judge can amend it. However, that judgement is in place for the next 21 years I believe in Ohio, so unless you get 1099'd the rest of your life you're pretty much out of luck.
One way though you can stop it immediately is to file BK. Not a great option but it puts a stop from creditors collecting ASAP.
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Originate_This
202 Posts |
Posted - 05/09/2008 : 8:42:16 PM
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There are only two exceptions where you can have child support discharged in a BK, but they are rare.
The OP didn't say what the garnishment is for, but if it's for child support then he must pay it. You can have your wages garnished for other reasons though. |
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rpatrick
447 Posts |
Posted - 05/09/2008 : 9:23:13 PM
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yeah they are taking 25% after tax
credit card judgment
BK is not the way for now
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Originate_This
202 Posts |
Posted - 05/09/2008 : 9:58:28 PM
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Yep 25% sounds right. Here's the law:
(1) 25 per centum of his disposable earnings for that week, or
(2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206 (a)(1) of title 29 in effect at the time the earnings are payable,
whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph
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808
1270 Posts |
Posted - 05/09/2008 : 9:59:01 PM
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quote:
Originally posted by rpatrick
how does someone get the court to halt a wage garnishment?
hearing is already set...
switch jobs and keep switching jobs. Stay ahead of the courts and paperwork. |
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rtrefflich
1806 Posts |
Posted - 05/09/2008 : 10:07:12 PM
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Why is BK not an option? There are rare cases where I would actually suggest a BK, depending upon the total debt they have, but if its a huge judgement it could take years to get this thing taken care of. Is there anyway they can settle with the CC company?
quote:
Originally posted by rpatrick
yeah they are taking 25% after tax
credit card judgment
BK is not the way for now
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Mandyvilla
2047 Posts |
Posted - 05/10/2008 : 06:45:21 AM
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| dang - that's pretty aggressive. Anyone know how other states stack up? It's hard to believe that Ohio, a state that has been fighting for survival since I can remember, is granting creditors that much leeway. |
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kellamtom
334 Posts |
Posted - 05/10/2008 : 07:07:04 AM
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| you might be able to file a motion to dissolve the writ, basically file a motion stating your reasons to dissolve and go to the hearing, talk to an attorney about your options |
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Banker0679
6480 Posts |
Posted - 05/10/2008 : 07:24:05 AM
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who said experience never counts?
quote:
Originally posted by 808
quote:
Originally posted by rpatrick
how does someone get the court to halt a wage garnishment?
hearing is already set...
switch jobs and keep switching jobs. Stay ahead of the courts and paperwork.
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808
1270 Posts |
Posted - 05/10/2008 : 07:47:19 AM
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quote:
Originally posted by Banker0679
who said experience never counts?
quote:
Originally posted by 808
quote:
Originally posted by rpatrick
how does someone get the court to halt a wage garnishment?
hearing is already set...
switch jobs and keep switching jobs. Stay ahead of the courts and paperwork.
Experience???? I don't get what your saying, please elaborate on your comment |
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kellamtom
334 Posts |
Posted - 05/10/2008 : 07:54:44 AM
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| i think he means that 808 had his wagest garnished and he kept switching jobs? |
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808
1270 Posts |
Posted - 05/10/2008 : 08:11:49 AM
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quote:
Originally posted by kellamtom
i think he means that 808 had his wages garnished and he kept switching jobs?
actually the reason I know is because when I owned my own construction company I used to lose some of my best workers because they'd leave once I got a call to start garnishing their wages. They just kept switching jobs.
As far as Banker0679's comment, if that's what he meant it was pretty ignorant and trifling as well as untrue, I've never had my wages garnished. The only person who garnished my wages back then was Anheuser Busch and that was voluntary
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1stintegritymort
1201 Posts |
Posted - 05/10/2008 : 10:21:50 AM
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| your credit is already ruined. just file the BK and get it done with. if you have 25% of your net pay taken out, that won't leave you with much else to survive. you are better off doing a chapter 7 and dont pay anything back. maybe if you call the creditor you can work a payment plan out. but chances are they wont do that since you couldnt make the minimum payment anyway. all i can say is that judgment will haunt you for a long time. if you couldnt make the minimum payment, how are you going to survive with 25% of your net pay taken out? that is too much to handle considering the price of everything is going up and up. |
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MisterVA
4613 Posts |
Posted - 05/10/2008 : 10:32:13 AM
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| How large is the sum? |
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rpatrick
447 Posts |
Posted - 05/10/2008 : 11:59:44 AM
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it's just under 10K
original balance was < 6K
trying to avoid BK for career purposes
jst want to stop the gruelling garnishment and settle eventually.
thanks again for all the advice |
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katroberts
1003 Posts |
Posted - 05/10/2008 : 12:39:12 PM
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Contact the creditor or it's attorney and get on a payment plan based upon what you can afford. This requires giving out financial information first.
Your profile says you are in Ohio. You can read about the applicable Ohio Code relative to garnishments here:
http://codes.ohio.gov/orc/2716
If you read the Code section applicable to garnishments, you will see that there is a time limit for requsting a hearing on the garnishment action, and you will see that there is a way to file a joint pleading with the creditor to stop the garnishment.
I am not a lawyer. You may need one.
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haiku
379 Posts |
Posted - 05/10/2008 : 2:16:18 PM
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| garnishments and judgments look bad for job purposes too. except w security clearances jobs aren't supposed to discriminate against bks. I agree. I would rather have one bk than 25 bad debts. |
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rtrefflich
1806 Posts |
Posted - 05/10/2008 : 4:15:17 PM
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Has the debt been sold off yet or does the original creditor still hold it? If it has been sold off you can probalby get out of it for a lot less, simply becasue they paid a lot less for it. I would try to come up with $5K or something and try to settle. Start real low and go up from there. Got a 10K discover debt reduced to $2200 a few years ago. In all, I was able to reduce $25,ooo to about $7,000.
quote:
Originally posted by rpatrick
it's just under 10K
original balance was < 6K
trying to avoid BK for career purposes
jst want to stop the gruelling garnishment and settle eventually.
thanks again for all the advice
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rpatrick
447 Posts |
Posted - 05/10/2008 : 6:29:56 PM
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i need a hard money unsecured loan for $5K to settle this mother and then contest the judgment until it falls off the credit reports.
i already settled a larger acct but it was still with the creditor.
this one is with an attorney now, a garnishing attorney
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rpatrick
447 Posts |
Posted - 05/10/2008 : 6:31:18 PM
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| has anyone ever successfully stopped a garnishment once started? |
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hmorales007
13 Posts |
Posted - 05/10/2008 : 7:10:01 PM
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BK is the correct answer. It ties in to why you want to leave the industry. The mortgage meltdown is front page of every paper, news channel, Internet, and radio. 90% of companies will take a verbal explanation. You got caught up in the worst credit crisis since the great depression and you are commissioned. Enough said. If you want to stay in the industry even easier when it comes to accepting applicants with recent bankruptcies. The problem with the industry is that they are shedding and not adding jobs. HR is the least of your worries.
Bankruptcy protection was designed exactly for people who suffered a dramatic and sudden collapse in income - which is often beyond the person or company's control (i.e. just about every AE, originator, laid of mortgage exec, etc.) BK the son' ***** and extinguish the debt. Than call them and tell the to f off and hang up. It will feel liberating to get a fresh start instead of getting kicked when you are down. You can get an FHA loan in 2 years and have a 700 FICO. You won't be able to qualify for jack squat with a 25% garnishment. Think about it. |
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gsgroupinc
1682 Posts |
Posted - 05/11/2008 : 03:53:58 AM
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| Pay it then it will stop. |
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MisterVA
4613 Posts |
Posted - 05/11/2008 : 06:12:12 AM
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quote:
Originally posted by rpatrick
i need a hard money unsecured loan for $5K to settle this mother and then contest the judgment until it falls off the credit reports.
i already settled a larger acct but it was still with the creditor.
this one is with an attorney now, a garnishing attorney
You definitely need to forget that LLC idea. |
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rpatrick
447 Posts |
Posted - 05/11/2008 : 07:36:46 AM
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filing BK to discharge < 10K ?
yes, it's a lot of money to me.
but when things are going my way someday, i think i'd regret filing.
perhaps I will put the LLC idea on the shelf for a while, or maybe not
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khoiey
938 Posts |
Posted - 05/11/2008 : 11:07:29 PM
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Why don't you start paying the creditor? It's only less than 7k? First thing is make a call to the collection and work out a deal with them.
quote:
Originally posted by rpatrick
filing BK to discharge < 10K ?
yes, it's a lot of money to me.
but when things are going my way someday, i think i'd regret filing.
perhaps I will put the LLC idea on the shelf for a while, or maybe not
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MisterVA
4613 Posts |
Posted - 05/12/2008 : 06:52:38 AM
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| You also need to change your mindset. Contesting the judgment till it falls off? If it is a valid judgment the best thing to do is to pay it. I am going to say what others may be thinking. If this is your attitude toward your own debts, then we really don't need to have you in the mortgage industry advising clients. |
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EMScommercial
3736 Posts |
Posted - 05/12/2008 : 08:14:45 AM
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here's an odd thought....
pay off the debt....
then you can keep all your pay....
(i don't mean to sound cold, but that would fix the issue.... how much do you owe?)
btw... i am a cincinnati person.... grew up in milford.... lived in hyde park..... am a u.c. alum..... even my company colors are orange and black..... go reds! |
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gsgroupinc
1682 Posts |
Posted - 05/12/2008 : 08:19:27 AM
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quote:
Originally posted by EMScommercial
here's an odd thought....
pay off the debt....
then you can keep all your pay....
(i don't mean to sound cold, but that would fix the issue.... how much do you owe?)
btw... i am a cincinnati person.... grew up in milford.... lived in hyde park..... am a u.c. alum..... even my company colors are orange and black..... go reds!
Go Indians |
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khoiey
938 Posts |
Posted - 05/12/2008 : 08:33:38 AM
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Isn't that the mindset of the majority of Americans? Lol... I used to do collections when I was in college and you'd be amazed.
quote:
Originally posted by MisterVA
You also need to change your mindset. Contesting the judgment till it falls off? If it is a valid judgment the best thing to do is to pay it. I am going to say what others may be thinking. If this is your attitude toward your own debts, then we really don't need to have you in the mortgage industry advising clients.
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Xanthan Gum
27 Posts |
Posted - 05/12/2008 : 08:39:59 AM
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quote:
Originally posted by rpatrick
yeah they are taking 25% after tax
credit card judgment
BK is not the way for now
Why don't you face your obligations like a man and stop trying to weasel out of this debt? Negotiate with the credit card company to pay a fair settlement.
You started another thread about opening up a one man shop. If this is the case, surely you have some money in the bank. If you don't have any money, you should not be opening up your own business. |
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AGreene00
2022 Posts |
Posted - 05/12/2008 : 10:39:30 AM
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quote:
Originally posted by Xanthan Gum
quote:
Originally posted by rpatrick
yeah they are taking 25% after tax
credit card judgment
BK is not the way for now
Why don't you face your obligations like a man and stop trying to weasel out of this debt? Negotiate with the credit card company to pay a fair settlement.
You started another thread about opening up a one man shop. If this is the case, surely you have some money in the bank. If you don't have any money, you should not be opening up your own business.
Agreed. You stated earlier in this post that you needed a $5K unsecured loan to pay off this garnishment. If you don't have $5K to settle this, how in the world do you plan on opening your own business? If you have crappy credit and no money, I'm gonna go ahead and say that opening your own company is probably a bad idea. You might want to sit the next couple plays out. |
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MisterVA
4613 Posts |
Posted - 05/12/2008 : 10:43:01 AM
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| These threads should be merged. |
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clarenceworley
3255 Posts |
Posted - 05/12/2008 : 10:52:25 AM
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I used to tell people to have a garage sale when I worked in collections in the early 90's. Now I guess the mantra should "sell some stuff on ebay".
Good luck. |
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CreditRepGal
315 Posts |
Posted - 05/12/2008 : 11:25:58 AM
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| Why anyone is giving this guy advice on how to avoid paying his child support obligations is beyond me. Your wages are being garnished because you weren't helping support your child. Trying to use the system to weasle out of it? I'm speachless. |
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MisterVA
4613 Posts |
Posted - 05/12/2008 : 11:27:09 AM
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quote:
Originally posted by CreditRepGal
Why anyone is giving this guy advice on how to avoid paying his child support obligations is beyond me. Your wages are being garnished because you weren't helping support your child. Trying to use the system to weasle out of it? I'm speachless.
Did you even read the thread? Where does it say it is for child support? HINT: Nowhere. |
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JoefromPhilly
358 Posts |
Posted - 05/12/2008 : 11:48:24 AM
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I have about 35% of my wages garnished every week. It's called the Federal Income Tax and FICA.
- Joe |
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EMScommercial
3736 Posts |
Posted - 05/12/2008 : 11:49:10 AM
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| unless the children are using the credit cards..... |
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velecico
2238 Posts |
Posted - 05/12/2008 : 2:23:45 PM
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I would not pay **** , if you already have crap credit max out the rest of your credit cards and whatever other lines of credit you have and then go for a chapter 7 |
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rpatrick
447 Posts |
Posted - 05/12/2008 : 5:18:52 PM
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thanks for the advice all.
part of the beauty of brokerage is that we don't use our own money. so being broke will not stop me nor is it a permanent situation.
i will handle the judgment like a man and pay it. sorry for the clowns bring up child support -- that's not me.
so i just want to find a way to STOP THE GARNISHMENT w/out filing BK...that was the point. |
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