Compare Mortgage Quotes

Refinance Rates for Today

Please enable JavaScript for the best experience.

In the mean time, check out our refinance rates!

Company Loan Type APR Est. Pmt.

How to stop wage garnishment

I have credit card debts which incurred is due to 2 credit cards having default dates in 2003. I 'm in Ohio but when I took the credit cards I was in Florida. I'm not aware of the SOL in Ohio and I'm not sure as to which state SOL should apply on me. Can anyone tell me how to stop the wage garnishment because the court has put a hold on my bank accounts?

larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Jeremy.

Welcome to the forum.

SOL limit in Ohio is 15 years and in Florida is 5 years. To avoid wage garnishment you should act quickly. Talk with the creditor and make a settlement through which you can pay off him. If he obtain the garnishment summon then the wage garnishment will only stop after you pay off the creditor. Otherwise you can file bankruptcy to stop wage garnishment.

Feel free to ask if you have further questions or doubts.

Best of luck,
Larry

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

prabhat.be's picture
prabhat.be | Joined: July 9, 2008 10:28 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Its happens due to not payment of taxes on regular basis. So friend now you can do one think, Consult with some experts. as i have not faced this situation till now..

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

Sandeep.yadav's picture
Sandeep.yadav | Joined: July 9, 2008 10:34 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

The Limit is different in Ohio and Florida The limit is less in Florida as compare to Ohio best option for you is to Settle it as early as possible..

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

jbarto65's picture
jbarto65 | Joined: November 4, 2007 04:09 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I don't think that you have a choice as to what state to chose, it is my understanding that the statute of limitations is with in the state that your were residing at the time of applying for and obtaining the credit card or bill. You may find some good information on this topic on the debt forum, they cover a lot of issues like this one there and there are people who live in both Ohio and Florida on the forum. Goodluck, I hope you get some resolution soon. Keep us updated on your progress please.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

fireyone_02's picture
fireyone_02 | Joined: March 20, 2008 08:44 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have read alot of posts on this and the SOL would be the one from Florida since that is where the debt occcured. That is what I have understood from reading the posts. If it is in FL then you are pretty close to SOL depending on the month the debt defaulted. I would still advise trying to clear these debts off your record. They definately will come back to haunt you later. Staying on your credit report for up to 7 years.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

jason.polito's picture
jason.polito | Joined: July 7, 2008 12:09 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have also read that Fire...it will not be going away on your credit report anytime soon, which can be detrimental to many people.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

valleydrive07's picture
valleydrive07 | Joined: January 7, 2009 11:22 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Can credit card company garnish your wage in California?

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome valleydrive,

They may garnish your wages, however, without a court order, wage garnishment is not possible.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have filed bankruptcy but before doing this my employer was garnishing my check for a repo car. I have not been to court yet for the garnishment is it possible for me to get my money back from this garnishment?

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Once you file the bankruptcy, the court will issue an automatic stay by which the creditors will not be able to take any actions against you. Once the automatic stay is issued, the garnishment of your wages will also stop.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

From time I sign petition with lawyer to it going to court how long before wage garnishment will stop?

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

As far as I know, once you file the petition in the court, your wage garnishment will stop.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

manoj_gopale's picture
manoj_gopale | Joined: February 16, 2009 10:31 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I differ with this opinion of ana that wage garnishment will stop immediately when someone file a case in court.

Rather when one files for bankruptcy then in that case it could be applicable but not against the company who is garnishing the wages. :arrow:

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

[b:af3a9b237b]"in that case it would be applicable"[/b:af3a9b237b].

okay, manoj, can you please explain to whom it is applicable?

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I will like to file bankruptcy because some one is garnishing my wages. However I have fallen behind on my house notes. My mortgage co have me on a forbearance program. Will I lose my home if I file.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Patricia,

Whether or not you lose your home would depend upon the type of bankruptcy you file. If you file Chapter 7, then you will have to include all your assets and debts in your bankruptcy filing. The trustee will look into your situation and may sell off the property in order to pay off the loan.

Take care

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my writ of wage garnishment was just filed to my employer for credit card debt. the garnishment order is in mississippi. can i appeal the judgement or get a stay of gernishment through the court? i have a debt settlement company that is supposed to be taking care of this debt but the collection agency totally ignored the request and went straight to a court order.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Wally,

You may get a stay order against the wage garnishment. However, you need to contact an attorney and file a lawsuit against the creditor in this regard.

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Adonis, I am curious to know what you think his grounds for lawsuit against a creditor might be. I don't see that at all.

Wally, the judgment was obtained either because the court found you liable in a hearing that you attended, or by default because you failed to appear. In either case, you owe the money. Now once a judgment is entered, you are required to pay according to the terms stipulated by the court. When you failed to pay, the creditor had every right to seek a garnishment of your wages. You indicated nothing that tells anyone you have reasonable grounds for a stay of the garnishment. I would suggest that most lawyers are not worth paying to seek an action that will end up as a failure.

What could possibly be the reason the stay would be granted?

Like | Dislike | Share | Posted: Fri, 02/05/2016 - 00:43 | Post subject:

Page loaded in 0.326 seconds.