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Thread: Can a private company have your wages garnished?

  1. #1
    Wizard29
    One of the guys that works for me got into a wreck and his car was totaled. The insurance paid him for it, but not enough to cover the entire balance of his loan.
    He is fighting with his finance company over paying the rest. Yes, I know it is still his responsibility, but it doesn't sound like he plans to pay them.
    He asked me if it would be possible for the finance company to have his wages garnished/attached if they were to get a judgment against him. I told him it could very well be possible, but I'd have to check. So naturally, I am seeking the ultra accurate information that can only be found on ***boat.
    What's the answer?

  2. #2
    deltaAce
    I don't think so, I believe they pull out the big guns on child support cases.

  3. #3
    YeLLowBoaT
    unless they work for the post office, they can have thier wages garnished... postal employees are the only ones that can't.. the IRS can't even touch them.

  4. #4
    C-2
    Yup, next to levying his bank accounts, it's the easiest route to getting paid. As an employer, you won't have any choice but to comply. If you do any shifty stuff, or ignore the EWO (Earnings Witholding Order), they will come after you (which is actually preferred since you have money).
    He needs to work out a deal with either them, or obtain a personal loan to pay that amount. Otherwise, they'll tack on legal fees and if they get a judgment - it accrues at 10% per year, which as a judgment holder, is a pretty good investment againt a young guy. Eventually he will have to pay and bankruptcy is no longer an easy or available avenue.
    Tell him to offer half the amount, see what they say. The key to success is cooperation, not confrontation. Truth is, for about $600 they canget one of their collection lawfirms to sue him and get a judgment, so tell him not to be cocky. Tell him to play harball for a lesser amount, but do it nicely.

  5. #5
    Boatcop
    A private company can't garnish wages without a court order. They would have to sue and win. The judge would then issue the garnishment order.

  6. #6
    BoatPI
    Once the employer is served with the court order they must comply in CA. So why worry, just pay the debt owed or better yet workout an agreed upon payment program with the company.

  7. #7
    SmokinLowriderSS
    Court ordered judgement.
    Judement followed by more attorneys and garnishent order.
    Garnishment order sent to employer.
    I DO believe that all they can take is 25% max.
    That's how it works.
    Let's make my long story short.
    Voluntarilly let repo a car I couldn't afford in 2nd divorce 1998.
    They sold for $4k less than my loan. I owed the $4,000
    Keep that 4-grand figure in mind.
    It's been a garnishment since about 1999
    have paid in estimate, $16,000 overall, $5000+ in the last 12 months
    Current debt, $9,000+
    Just settled yesterday, $6,000 cash.
    23.95% interest.
    Any questions?
    2nd ex wrecked credit enough (and income was $114 a week take-home post divorce) so loan was out of the question at the time.
    Just paid it with a loan from my 401K.

  8. #8
    Wicked Performance Boats
    unless they work for the post office, they can have thier wages garnished... postal employees are the only ones that can't.. the IRS can't even touch them.
    I work for the Post Office and I've seen fellow employees wages garnished and we're not safe from the IRS! IRS will get anybody who's in their sights! Budlight

  9. #9
    SHOTKALLIN
    just ask Wesley Snipes. I hear he will get at least 2 years.

  10. #10
    RitcheyRch
    If they find him. They think he in Africa and Africa will not extradite to the US.
    just ask Wesley Snipes. I hear he will get at least 2 years.

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