I have had this credit card for a few years now and had to stop paying on it because of a job loss and other financial reasons. I tried using Ameri-Debt to pay this off and couldn't afford those payments either. I now have a less paying job that I can barely get by on what I make there. I have two small children, in which one is going to be starting school in a couple of days in kindergarten. I haven't made a payment on this card for over a year. Now they are trying to garnish my pay check. They are taking 75% of my check. Can they take that much legally? I'm barely going to be left enough to pay my babysitter for my other child. I will only have $1.95 left after the babysitter and the garnishment. What can I do. I was told that if I quit my job I could spend 11 months and 29 days in jail. Is this right? My boss says he cannot fire me because of some legal matter in this. Though he would normally fire me because he doesn't want to have to go through all the red tape it involves. What can I do? I have these two small kids to raise. My husband doesn't make enough to help pay this bill either. We use his check to pay our trailer payment, car payment, utilities (phone, electricity, water, home insurance, car insurance, satellite bill, computer payments, etc.). It only goes so far. I used my check to buy gas to get us back and forth to work and groceries and my diabetes medicines ( glyberide, Lantus). I have to take two pills in the morning and a shot before I go to bed. I really need help.
They CANNOT take 75% of your check !!!!! The MAX allowed by FEDERAL law is 25% of your TAKE HOME pay or 30x the federal minimum wage, whichever is more.
Have you been sued ??? NO ONE can garnish anything unless they sue you first and win a judgment. IS there a judgment ? Have you ever been served any papers ??
Next, you can NOT be put in jail for ANY amount of time for an unpaid debt !!! That's bullcrap and an illegal threat !!! Debtor's prison was abolished in the US in the late 1800's, the collector is handing you a load of bull.
If you've never been sued, then there is no judgment and there can be NO GARNISHMENT ! If you're not certain, call your county courthouse and find out if any suits have been filed against you. If there is one, ask for or go get the case file and look for the 'proof of service' form. That will tell you when, where, how, and to whom a summons was served.
Dont' panic, this just sounds like a lying, thieving, scum-sucking collector making ILLEGAL threats and violating the Fair Debt Collection Practices Act (FDCPA).
I have been sued and my employer says that the papers they were sent states that I could serve 11 months and 29 days in jail if I quit my job. She also says that the papers they were sent states that they cannot fire me because of this wage garnishment and she says under any other circumstance they would have fired me because they don't want to have to go through all of the red tape this involves. Could they do that? I feel like I'm in a rutt. This garnishment has went through two judges. Could I not file bankruptcy on this? My employer told me that I couldn't. I just don't know how she knows this.
I'd just love to know how they can add in jail time for an unpaid debt, I've never heard of such a thing.
As for firing you for a garnishment, Federal law PREVENTS an employer from firing you soley for a single garnishment.
Your employer is dead wrong on the bankruptcy issue if all this debt/judgment/garnishment is for is an unpaid debt. Unless the debt was due to fraud, a criminal act, or a few other nasty things, it most certainly CAN be discharged in bankruptcy. Filing for BK would put an immediate halt on the garnishment and if anything has already been taken it may even be retrieved by the Trustee.
Do you have a copy of the papers your employer got that states jail time ? Unless there's something else going on here, that part makes no sense. Not paying your debts, judgment or otherwise, does not come down to jail time - not under normal circumstances.
The MOST they can garnish from your check is 25% of your pay after all required deductions are taken. The rest is EXEMPT. I have a sneaking suspicion your employer isn't reading those papers correctly if she's telling you they'll take 75% of your wages - that would be wrong.
Can I file bankruptcy on this even though its done gone to court and has been passed to garnish my check? The debt is not due to fraud, a criminal act or any nasty things.
No, I do not have a copy of the papers my employer has that states jail time. They say they are not allowed to let me see those papers. She also tells me if I quit I can be gotten for attempt of court. And that's why I'd do jail time. Is this true? She did tell me today that she took care of the part where I would have 75% taken out of my check and now it's only 25% taken out.
Contempt of court for quitting your job ????
Boy, would I love to see those papers, I really have never heard of being prevented from quitting a job due to garnishment ! I'll have to look that up in your state statutes and see if that's a normal thing to do.
If you filed for bankruptcy tomorrow, the garnishment would have to immediately stop. The debt that caused the judgment would be discharged and then the judgment could be removed.
You should, however, have gotten SOME form to claim exemptions from the garnishment. If it will cause you undue hardship, then you can have the garnishment reduced or even stopped. I strongly suggest you get a copy of the judgment by calling the courthouse, or going there, and get the casefile - its your right to do so. Find out EXACTLY what's in it.
Email me (its in my profile). I think you're being lied to, at the very least. I'm going to research the KY statutes, but I'm thinking that you're employer is the one who could be found in contempt of court for not following the court order, not YOU. I've been told by at least 2 lawyers already (not in KY unfortunately) that this is likely the case and your employer is trying to pull a fast on one you by telling you you can't quit or you'll go to jail !!
***** more info !! *****
I have been researching the KY statutes. BY LAW your employer HAS to give YOU a copy of the garnishment papers, so he's lying to you about your not being allowed to see them. Here's what the KY law says (the form he gets is in triplicate!):
"KRS 425.506 Attachment or garnishment of earnings -- Priority -- Order.
(4) The order shall have printed thereon the following directions to the employer:
****(a) That a copy of the order shall be delivered to the employee, a copy retained by the employer for his records, and a copy returned by the employer to the court.******
(b) That on the reverse side of the court copy shall be stated, under oath by the employer, the gross amount of earnings and the nonexempt amount of disposable earnings for the designated pay periods subject to the order. If no funds are due, the reasons therefor shall be given.
(c) That the court copy of the order and the nonexempt amount of disposable earnings shall be forwarded to the court."
I suggest you show this bit of law to your employer and ask for the paperwork that you are LEGALLY entitled to and that HE is LEGALLY obligated to give you !!
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