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Old 03-03-2011, 07:43 PM
 
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I was served papers from a debt collection agency back in March of 2010 to appear in court for a garnishment unless I contacted them to set up a payment arrangement, which I did.

I set up $150/month payments and I was not able to send the payments for about 3 months, Oct-Dec 2010. 3 days ago, I got my VA housing for the GI Bill ($1,089) and my tax refund ($1,300) garnished.

I know that wages from my bank account cannot be garnished without a court order, but the only papers I was served was in March of 2010, and that never went to court since I set up payments, so my question is can they garnish my wages? Also, is the VA payment of $1,089 exempt from garnishment?

Thank you, Brandon
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Old 03-03-2011, 08:22 PM
 
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Did you check if you in SOL or not when they served you? What state are you in?
Why put any money in a bank account?
Have you considered to a more friendly debt state?
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Old 03-03-2011, 09:26 PM
 
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I live in WA state, I don't know if the SOL is up on when I was served or not. Don't they have to get a court order to garnish wages? When I was served the first and only time, it never went to court because I set up a payment plan, and I was never served papers after that.
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Old 03-03-2011, 10:42 PM
 
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I am pretty sure once they start the process it doesn't take much to get it to go through. Even though you set up a payment plan, they already put the the wheels in motion in case you don't pay. I do not know anything about how it concerns military pay. I do know that collection agencies are not allowed to take social security but that is the extent of my knowledge.
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Old 03-04-2011, 06:56 AM
 
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Also it depends on what you're behind on. I know from painful personal experience that if its student loans you're behind on - they will garnish your tax refunds and you will not be taken to court before it happens.

Good luck getting all this straightened out.
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Old 03-04-2011, 10:59 AM
 
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Did you give them electronic access to your checking account?
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Old 03-04-2011, 02:20 PM
 
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Quote:
Originally Posted by outlook7777 View Post
I live in WA state, I don't know if the SOL is up on when I was served or not. Don't they have to get a court order to garnish wages? When I was served the first and only time, it never went to court because I set up a payment plan, and I was never served papers after that.
You should find out if the SOL had expired or not. I am not sure how the wage garnishment works. I live in Texas and they cannot do that here.

How much were you sued for?
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Old 03-04-2011, 02:21 PM
 
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Never give CA's any personal info. No checking account info, no credit card. Work with money orders.
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Old 03-04-2011, 04:16 PM
 
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Thanks everyone for the help, I was going to say, no, i didn't give them any account information, but i remembered I did pay with checks so they did have that information.

I think they sued me for the balance, so I need to also find out if they will garnish anything I deposit into my account.
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Old 03-04-2011, 06:17 PM
 
12,671 posts, read 21,319,035 times
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Quote:
Originally Posted by outlook7777 View Post
Thanks everyone for the help, I was going to say, no, i didn't give them any account information, but i remembered I did pay with checks so they did have that information.

I think they sued me for the balance, so I need to also find out if they will garnish anything I deposit into my account.
Did you get a lawyer? How much were they sueing you for?

They have to get a judgement first before they can do anything.
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