QUESTION

Can a creditor garnish my wages if I am already on a settlement payment plan with them and making the payments regularly?

Asked on Mar 17th, 2012 on Bankruptcy - Mississippi
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Can a creditor garnish my wages if I am already on a settlement payment plan with them and making the payments regularly?
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4 ANSWERS

Accidents Attorney serving Orange City, FL at Principle Legal Offices, P.A.
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It can be possible for a creditor to garnish your wage but highly unlikely once a settlement agreement is made due to the breach of contract claim you would have against the creditor.
Answered on Mar 20th, 2012 at 9:38 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I do not understand all of the facts involved in your case, however generally a creditor will not garnish your wages or take undertake any other collection activity if you are satisfactorily keeping a settlement payment plan with them. The problem is that by the time a settlement agreement is reached, and commonly reduced to a judgment, the creditor has very little patience left. Therefore, if there is any default in the payment program they will consider it reached and take all available actions immediately collect the remaining balance due. If that is the case here, perhaps engaging in attorney, including my office is, might allow the potential of resurrecting the settlement agreement. As I do not have all the facts, and having seen none of the paperwork, it is impossible to give you a firm opinion.
Answered on Mar 20th, 2012 at 9:04 AM

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Estate Planning Attorney serving Kansas City, MO
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No. I would call them and ask them why. Chances are it is their mistake and they will correct I by releasing the garnishment.
Answered on Mar 20th, 2012 at 8:07 AM

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Estate Planning Attorney serving Gulfport, MS at Blackledge Law Firm PA
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The answer is dependant on whether you entered into a judgment with the creditor and what the judgment says.
Answered on Mar 20th, 2012 at 8:06 AM

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