here are individuals to the creditor or other agency
unfortunate enough to find filing a claim if :
themselves in a position
where they are contacted by a 1. The claimed amount due had
state or federal agency regarding been previously paid or settled
an old debt, or even those with in full.
delinquent student loans, find 2. The claimed amount is
themselves facing a wage currently being paid in
garnishment through an employer. installments, made in a timely
The process of having one's wages manner.
garnished to pay a debt can be 3. The claimed amount is
embarrassing and financially incorrect because previous
devastating to individuals and payments already submitted have
their families, rest assured you not been credited to the account.
are not alone. There are rules
and guidelines available that may 4. The claimed amount was
help you settle a debt without discharged in a bankruptcy.
wage garnishments from your
paycheck, but first such Sometimes a claimed amount due
individuals must be certain of may be unenforceable or subject
the validity of the claim. to discharge if:
Student loan garnishments along
with state garnishments can be 1. The school or company claiming
frustrating and something to an owed amount has been closed or
avoid if possible. is no longer in business.
2. The Ability to Benefit is
If an indebted individual finds a falsely certified by a school for
claim is questionable, then that an approved loan.
individual must provide 3. An unauthorized signature or
documentation or other evidence forgery of the borrowers/debtors
name is on the promissory note or debtor a wage garnishment order
disbursement checks. to recover that debt.
4. Public Service Cancellations.
5. Unpaid refunds owed to the After receiving a Notice of
borrower by a school or business Intent to Garnish Wages, the
with the loan proceeds. borrower has 30 days to file a
6. Death or permanent disability request of objection to the wage
of the borrower/debtor. garnishment action. If the
request is filed within those 30
Wage garnishments are only used days, the wage garnishment will
as a last resort to collect debts be suspended until a decision is
after all other attempts to reached, ruling whether or not a
obtain the payments on a wage garnishment should be
voluntary basis have failed. pursued to enforce that debt.
Creditors often make numerous It's always important to know
attempts to try and convince the your rights as a borrower/debtor
debtor to repay the debt and to have all agreements
voluntarily, most often creditors ocumented. Before taking any
are more than willing to work out action, it's also important to be
a reasonable payment plan that informed of what rules and
works well with the debtors regulations apply in the state
financial situation to avoid wage the borrower/debtor resides to
garnishments. Only then, when a avoid wage garnishments.
voluntary agreement can not be
met, will the creditor issue the
About the Author:
Henry Byers, Retired IRS Manager and State Garnishment expert - focusing on IRS Levy and Garnishment Laws
