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If you are sued and a company receives a garnishment against you what if another were to sue you can they also receive a garnishment and both be allowed to take out of your check at the same time.

I've thank goodness not had nothing like this happen but I wondered how that worked if one company takes 25% of your check can another come right behind them and take 25% more.


Johnita




i don't know about other states,but in illinois there can be more
than one garnishment on record,but only one at a time applies.
don't know how they would determine the order,maybe who filed
first.i just know there cannot be two live garnishments at once
in my state IL.hopefully someone will come along and be able to
explain further.

Sub: #1 posted on Wed, 07/16/2008 - 03:24

paulmergel paulmergel
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(Posts: 15506 | Credits: 1356.56)

Paul, I believe you are mistaken. I too live in IL.

How it works is, first come, first served. If for instance, the state allows up to 25% of wages garnished (IL is only 15%), if the first garnisher is only getting 20%, the other can file for the garnish and will get the remaining 5% until the first is paid, and assuming no other garnishments, will then be able to get the full 25%. (Simple example, but in reality, it is first garnishment is paid, and once paid off, it goes to the next garnishment.)

Hope this helps!

Sub: #2 posted on Wed, 07/16/2008 - 03:52

desperatelyseekingsanity desperatelyseekingsanity

(Posts: 1129 | Credits: 58.41)

Johnita, it is capped at your state maximum. So if your state allows 25% garnishment, that is all that can be taken at one time. In Illinois, the max is 15%.

Sub: #3 posted on Wed, 07/16/2008 - 03:54

desperatelyseekingsanity desperatelyseekingsanity

(Posts: 1129 | Credits: 58.41)

Sanity is correct..There is never more than one garnishments allowed at one time, in any state in the US. The only exception is for a federal debt, such as child support or back taxes..In that case 2 garnishments may be in effect at once..But only to the combined amount your state allows.

If someone is being garnished for a consumer debt and has another one waiting in the wings, generally the debtor is able at that point to make arrangements with the second creditor, and avoid the second garnishment altogether.

LOL, I know, sounds confusing at times! :D Crazy enough, this is what I get paid to do for a living, so if you have any questions, please feel free to pm me!

Sub: #4 posted on Wed, 07/16/2008 - 04:23

finsfan13 finsfan13
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(Posts: 6919 | Credits: 652.11)

The federal cap is 25% some states will only allow a lesser percentage. Some states don't even allow wage garnishments, you can check my signature link to check your states laws on wage garnishment.

Sub: #5 posted on Wed, 07/16/2008 - 07:32

JCEMT JCEMT
Moderators
(Posts: 2934 | Credits: 192.01)

Additionally that percentage is based on your disposable income.

Sub: #6 posted on Wed, 07/16/2008 - 07:33

JCEMT JCEMT
Moderators
(Posts: 2934 | Credits: 192.01)

Maybe you should go bank rupt.

Sub: #7 posted on Thu, 07/17/2008 - 13:55

Unregistered


Bankruptcy is a very serious decision that should not be taken lightly as once you file for it once it is very hard to file for it again if need be.

Sub: #8 posted on Thu, 07/17/2008 - 18:56

JCEMT JCEMT
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(Posts: 2934 | Credits: 192.01)

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