Jul 31 2010
Wage garnishment in excess of garnishment order
Wage garnishment in excess of garnishment order
The wage garnishment act involves three different parties. The first is the creditor who has initiated this proceeding to get back his dues. The second party is the borrower who has to pay this wage garnishment money. The third party is the employer who actually with held the wage garnishment amount from the wages of the employee and then sends it to the credit giving agency. There are different terms defined by the law. For example there is disposable income. It is possible that there can be dispute between the employer and the employee regarding the computation of this amount. There are different laws governing the priority to be given in case of the multi wage garnishment orders. Again there can be difference of opinion between the creditor agency and the employee. It is also possible that the borrower had paid some dues before the action of the wage garnishment and they were not taken in to account at the time of the issuing the wage garnishment order. This only means that there can be different reasons for charging garnishment in excess of the garnishment order. What will you do under these circumstances? The first point is getting in writing from the employer how he has calculated his wage garnishment amount for you. After getting it in writing, tell him min writing that he is charging excess amount of the wage garnishment amount. Remember that he is also bound by the wage garnishment act. He also does have some responsibility. If there is no response then follow the instruction on the wage garnishment order. You can present your case in the court. There the courts will here the both sides and will give the verdict after hearing both the sides. This is the lat step. It is possible that you may get a relief even before you go for the last step. The wage garnishment act does have solution to your problems and the excess wage garnishment amounts can be rectified. It is necessary to study all the points involved in the wage garnishment act. There are government web sites to help you. There are forums to help you. There are free advices giving web sites where you can ask your wage garnishment amounts problems addressed. It is absolutely essential to get maximum info about your wage garnishment amounts confirmed from different sources. You will be on firmer ground if you get different opinions. When it comes to applying different legal terms it is possible that you may go wrong in interpreting some legal term. So make sure that you re on the firm legal ground and then follow due legal procedure to get relief for your wage garnishment amount problem.
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