Wage Deduction Summons and Notice

Updated on July 20, 2010
T.B. asks from Romeoville, IL
10 answers

My husband and I are barely getting by on my income alone. He is self employed and trying to revive his business as he watches the kids while I am working. As you can imagine we are in debt up to our eyeballs but are grateful for food on our table. I received a Wage deduction summons with my employer and I listed as the defendants a week ago for a credit card liability and as I understand it stated a response was required to be filed on or before July 26th? Can my paycheck be garnished without a notice from my employer or creditors as my paycheck was garnished for period ending 7/11 and a check date of 7/16 with no prior notices. Can I be saved from this? I expect a lot more garnishments to follow from other credit card liabilities and then I would be working forever with no net earnings. What can I do at this point.

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A.L.

answers from Chicago on

I handle the wage garnishments at my job and can give you a little insight. First off you need to get a copy of what your employer recieved. By law they need to provide that to you. They may have put the garnishment on the wages but have not yet turned them over to the creditor as we usually get the intent to assign wages and must garnish until we get the official court order and then just hold the money until the court order is granted.

At any one time you cannot have more than 15% of your wages garnished no matter how many wage garnishments are pending. It is a first come first serve type of thing. So the first one filed gets the 15% until that debt is satisfied and then the next wage garnishment will be applied at 15% and so on.

If you want more info you can send me a message. Hope that helps. Sometimes you can contact them and explain your situation and set up a payment plan to forgo the garnishment. Something is better than nothing.

5 moms found this helpful
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M.F.

answers from Sioux Falls on

If they already have taken you to small claims, and have gotten a judgement, there is really nothing else you can do. By law, garnishments cannot exceed a certain percentage of your check. You can call the sheriff and ask if you can negotiate the amount taken out of each check too. If you have never been served papers for court and had an opportunity to set up a payment plan, you need to contact the court house and ask why.

3 moms found this helpful
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B.M.

answers from Chicago on

One word to solve problem...Bankruptancy.

1 mom found this helpful
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G.H.

answers from Chicago on

If you don't know why your wages are being garnished then why would you expect a lot more garnishments to follow? Does this have anything to do with your husbands business? Back taxes with the IRS, student loans? You must have some idea about a bad debt or debts.

1 mom found this helpful
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V.T.

answers from Dallas on

I wish I remembered more, but I recall seeing a report on the Today show or Early show about practices of credit card companies and especially credit card companies garnishing wages. I remember them questioning the legality of some of these practices. I know money is tight, but you may benefit from contacting an attorney. See if there is a legal aid service near you or a law school that provides free advice. It's strange to me that you got a summons and the garnishment started before you had a chance to respond. It's sounds like you are already in trouble with the credit card companies so it wouldn't hurt to call them and see if you can work out better payment options to avoid further garnishment. Like I said a lawyer is your best option. At the very least, you have to respond to the summons in some way or another by 7/26 or they can enter a default judgment against you and then your options to stop the garnishment drastically decrease and you can be hit with more interest and attorneys fees.

1 mom found this helpful
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S.S.

answers from Chicago on

It sounds like you do not understand what this is about. What is the answer that needs to be filed?. Did your employer not file something? Why are they garnishing your wages? There needs to be some information as to why they suddenly decided to deduct money from your wages. What is your employers explanation? That is terrible. I would first ask your employer, then also call state of IL and find out if there is a department that could explain this to you. It is confusing. Perhaps I missed something. The only time I heard of wage garnishments was in missing taxes or divorce. Since it appears at this point you have neither is this a mistake? In which case file your response with a rebuttal of some sort.
I am asking all of these questions so you can get to the bottom of this.

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C.C.

answers from Chicago on

My advise is to get an attorney asap! There is help out there.

K.S.

answers from Chicago on

DONT FILE BRANKRUPTCY!!!!!! Not until you've exhausted all options and there is no other way to go. You will be digging out of the bankruptcy hole for YEARS! There are TONS of options out there for you. Just to name you two that i think could help is PrePaid Legal Services, DebtWatchers (which is your own personal money manager and credit detector), and putting together a financial plan to put you back on track for good. Let me know if these options sound good to you and I will tell you how to go through with them :)

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J.W.

answers from Peoria on

There's always the option of filing chapter 13 bankruptcy.

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A.H.

answers from Chicago on

In Lake county you can go to Prairie State Legal for help (when you cannot pay), so I am sure there are other places for legal help in other counties. Just google "free legal help in ---county". (BTW I have no idea what county Romeoville is located ) Good luck.

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