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How do I stop wage garnishment ?

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Rocky4

Junior Member
What is the name of your state (only U.S. law)? Indiana

I recieved a wage garnishment notice a few months back stating they will be garnishing 25% out of each of my checks for $400.00 .
Well,they already garnished their $400. Now this seems to be none stop garnishment!As of now they took $600 more then they should have.I contacted the agency that's garnishing my checks every week asking for them to stop this.Seems they enjoy giving me a run around.They keep telling me each week that I call that it will stop but,it doesn't.They tell me that they sent out a $90 over payment check to me but,I never recieved a thing.They keep telling me it's up to the judge to stop it as it's not up to them.Everytime I call them to ask to have this stopped they throw the blame on some judge.Two weeks ago they said that this wage garnishment would stop.But,yet it's still going on sucking my checks each week over taking.
What can I do to stop this?

I paid my dues I owed this isn't right and not fair.Do I need to hire a Attorney for this?Or can I get this to stop without a Attorney?
Who can I call to get this wage garnishment stopped ?
Who can I call to get my over payment refunded to me?
As of now they took more then what I owed in the garnishment agreement and wont stop taking from me.
Can I get this stopped without a attorney?Is there something I can do to attempt to get them to stop before seeking a attorney?
 


CSO286

Senior Member
What is the name of your state (only U.S. law)? Indiana

I recieved a wage garnishment notice a few months back stating they will be garnishing 25% out of each of my checks for $400.00 .
Well,they already garnished their $400. Now this seems to be none stop garnishment!As of now they took $600 more then they should have.I contacted the agency that's garnishing my checks every week asking for them to stop this.Seems they enjoy giving me a run around.They keep telling me each week that I call that it will stop but,it doesn't.They tell me that they sent out a $90 over payment check to me but,I never recieved a thing.They keep telling me it's up to the judge to stop it as it's not up to them.Everytime I call them to ask to have this stopped they throw the blame on some judge.Two weeks ago they said that this wage garnishment would stop.But,yet it's still going on sucking my checks each week over taking.
What can I do to stop this?

I paid my dues I owed this isn't right and not fair.Do I need to hire a Attorney for this?Or can I get this to stop without a Attorney?
Who can I call to get this wage garnishment stopped ?
Who can I call to get my over payment refunded to me?
As of now they took more then what I owed in the garnishment agreement and wont stop taking from me.
Can I get this stopped without a attorney?Is there something I can do to attempt to get them to stop before seeking a attorney?
Reveiw the garnishement paperwork you were served. It usually indicates exactly how much the creditor is planning to garnish.
Then go to your payroll dept and ask [nicely] to see what they were served. It should state exactly how much should be garnished and should include instructions to terminate the garnishment once the total amount due is withheld. So really, if the full sum has been garnished, your employer should have stopped withholding.
 

Rocky4

Junior Member
Reveiw the garnishement paperwork you were served. It usually indicates exactly how much the creditor is planning to garnish.
Then go to your payroll dept and ask [nicely] to see what they were served. It should state exactly how much should be garnished and should include instructions to terminate the garnishment once the total amount due is withheld. So really, if the full sum has been garnished, your employer should have stopped withholding.
I work at Walmart.I talked to them about this and Walmart tells me they can't do a thing to stop this it's up the garnishement people to stop this.
I contacted the garnishement collection agent on the phone many,many times asking for this to stop with run arounds.The garnishement collection agent on the phone agreed and confirmed they have over taking from me.When they first went over taking from me it was a over payment of $90.They told me it's in the mail.It's been a month now and still no check from them.Their still garnishing my wages.Now they took well over $600 from what shows on the garnishement paper work.It states on the garnishement paper work to call this number to stop this.Well I called the number for weeks with run arounds.
 
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Zigner

Senior Member, Non-Attorney
You have to take it up the ladder at Walmart. The paperwork does not order them to withhold indefinitely. It orders them to withhold up to a certain amount. Somebody at Walmart is doing it wrong.
 

CSO286

Senior Member
I work at Walmart.I talked to them about this and Walmart tells me they can't do a thing to stop this it's up the garnishement people to stop this.
I contacted the garnishement collection agent on the phone many,many times asking for this to stop with run arounds.The garnishement collection agent on the phone agreed and confirmed they have over taking from me.When they first went over taking from me it was a over payment of $90.They told me it's in the mail.It's been a month now and still no check from them.Their still garnishing my wages.Now they took well over $600 from what shows on the garnishement paper work.
Most garnishments aren't for an indefinite period.

Did you ask to see what your employer was served? an example of the forms can be found here: http://www.hamiltoncounty.in.gov/egov/documents/1317230868_558593.pdf

See end conditions.

Did you review your own paperwork?

If there ins no end date or end condition, then you may have to make a motion to the court to terminate the garnishment.

More info on IN garnishments:

http://www.nolo.com/legal-encyclopedia/indiana-wage-garnishment-laws.html

http://www.in.gov/legislative/ic/code/title24/ar4.5/ch5.html
 
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LdiJ

Senior Member
Most garnishments aren't for an indefinite period.

Did you ask to see what your employer was served? an example of the forms can be found here: http://www.hamiltoncounty.in.gov/egov/documents/1317230868_558593.pdf

See end conditions.

Did you review your own paperwork?

If there ins no ned date or end condition, then you may have ot make a motion to the court to termiante the garnishment.

More info on IN garnishments:

http://www.nolo.com/legal-encyclopedia/indiana-wage-garnishment-laws.html

http://www.in.gov/legislative/ic/code/title24/ar4.5/ch5.html
I can confirm that garnishments in IN are for a specific amount of money. The employer is required to garnish until the specific amount of money is paid, and then they are supposed to stop.
 

CSO286

Senior Member
I can confirm that garnishments in IN are for a specific amount of money. The employer is required to garnish until the specific amount of money is paid, and then they are supposed to stop.
I have seen garnishments for IN specifically, but I've seen for several other state and the IN template I pulled said the same thing.

OP--you need to climb the ladder at work to termiante the garnishment and then you may have to seek legal recourse against the collection agency for the excess wtihheld if it is not refunded to you.
 

Rocky4

Junior Member
I have seen garnishments for IN specifically, but I've seen for several other state and the IN template I pulled said the same thing.

OP--you need to climb the ladder at work to termiante the garnishment and then you may have to seek legal recourse against the collection agency for the excess wtihheld if it is not refunded to you.
The afternoon after I posted this I recieved the papers in the mail stating the garnishment has stopped.I also,recieved my first $90 over payment check.So,that's good news.Bad news is I now have to battle to get the rest of my cash I paid in.
 

Dillon

Senior Member
taking

What is the name of your state (only U.S. law)? Indiana

I recieved a wage garnishment notice a few months back stating they will be garnishing 25% out of each of my checks for $400.00 .
Well,they already garnished their $400. Now this seems to be none stop garnishment!As of now they took $600 more then they should have.I contacted the agency that's garnishing my checks every week asking for them to stop this.Seems they enjoy giving me a run around.They keep telling me each week that I call that it will stop but,it doesn't.They tell me that they sent out a $90 over payment check to me but,I never recieved a thing.They keep telling me it's up to the judge to stop it as it's not up to them.Everytime I call them to ask to have this stopped they throw the blame on some judge.Two weeks ago they said that this wage garnishment would stop.But,yet it's still going on sucking my checks each week over taking.
What can I do to stop this?

I paid my dues I owed this isn't right and not fair.Do I need to hire a Attorney for this?Or can I get this to stop without a Attorney?
Who can I call to get this wage garnishment stopped ?
Who can I call to get my over payment refunded to me?
As of now they took more then what I owed in the garnishment agreement and wont stop taking from me.
Can I get this stopped without a attorney?Is there something I can do to attempt to get them to stop before seeking a attorney?

taking money, one is not entitled to, is a crime.

somebody is getting fired, big time

also Conspiracy (civil), an agreement between persons to deceive, mislead, or defraud others of their legal rights, or to gain an unfair advantage
 
Last edited:

cosine

Senior Member
taking money, one is not entitled to, is a crime.

somebody is getting fired, big time

also Conspiracy (civil), an agreement between persons to deceive, mislead, or defraud others of their legal rights, or to gain an unfair advantage
No one will be fired. Mistakes are common practice in all kinds of businesses and government. I'd definitely like for it not to be this way, and it is something I fight. But the reality is they will claim "bona fide error in processing" and courts will accept it most of the time.
 

Rocky4

Junior Member
Thanks for all of your advice!...All was very helpful**************.

Can someone close this thread?..Help & advice is no longer needed.Thanks again!

I don't see a close link to click to close this thread.
 
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