QUESTION
What does a creditor have to do to garnish wages?
Asked on Jun 18th, 2012 on Debtor and Creditor - Minnesota
More details to this question:
My wife was talked into being a co signer for her ex boyfriend 10 yrs ago. He purchased a car at the time. He has not made the payments and gave the car back to the creditors for an amount well short of the amount of the loan left to pay off.
He has been dodging the creditors and now the creditors are soming after my wifes income. Is there any legal recourse that we can take? the Creditors are threatening to take 65% of my wife''s income.
1 ANSWER
William/J Joanis
First, in order to garnish, the creditor must serve a summons and complaint on your wife and then obtain a judgment. After a judgment is entered, the creditor can only garnish 25% of your wife's wages, not 65%. If the "creditor" is actually a third party trying to collect the money, then by threatening to take 65% of her wages it is violating the Fair Debt COllection Pratices Act, and is liable for nominal damages ($1000 per instance) and your attorney's fees.
Answered on Jun 20th, 2012 at 12:50 PM