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Can a company garnish your wages after they have charged off on the debt?
Can a company garnish your wages after they have charged off on the debt? Its care credit and we live in ky5 years ago - 3 answers
Yes they can, but they would first need to get a court judgment to order a "writ of garnishment". A debt that has been charged off simply means the original creditor wrote off the debt. BUT, they can either hire someone to collect or sell the debt. Also if the amount charged off exceeds $600 then they are required to file a 1099-C with the IRS and send you a copy which means that the charged off amount has to be reported as unearned income on your federal taxes.
At present four U.S. states —North Carolina, South Carolina, Texas and Pennsylvania do not allow wage garnishment at all except for debts related to taxes, child support, federally guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed.
Your state of Kentucky has a 5 year statute of limitations for a creditor to seek legal action in court. If the debt is older then that, then they can not seek a writ of garnishment. If they try, you would use the defense that the debt was time barred.
Kentucky has a wage garnishment exdemption of 75% of disposable income or 30 times the federal minimum hourly wage, whichever is greater. This means they can only take 25% of your weekly disposable income (that is your income minus taxes, witholdings, housing expenses and other monthly debts). Example if your income is greater then 30 times federal minimum wage. Your take home pay is $350, deduct rent, mortgage, car payments, insurance payments, utilities and then you wind up with what is called discretionary income, say about $25 this means they would take $6.25 a week out of your paycheck to settle the debt.
Hope this answers your question.
If you owe or owed a company they can garnish your pay if you did not pay them. Wondering how you would know they wrote off anything anyway?by Jan C - 5 years ago
No, after a company has charged your debt off to their profit and loss (P&L) account they can no longer attempt to collect the debt.
However, what they can do is sell the account to a collection agency. Charged of debts are bundled into large portfolios and sold to Junk Debt Buyers for pennies on the dollar.
Junk debt buyers have the same rights to collect as CareCredit did. They can take you to court and sue you for the original balance plus fees and interest. After they get a judgment against you they can garnish your wages, or use any other method available to them under Kentucky law to collect.
Since Junk Debt Buyers purchase debts for a fraction of the face amount, they are often willing to settle with you for a lesser amount before taking you to court.
Hope this helps