Wage garnishments and collections
in Law ·
Nicole Long6 said:Hi there... I had a quick question I wanted to run by you...
So, here's the situation. A colleague of mine has parents who are dealing with some loans... the bank has already placed a garnishment on their accounts, so they're left with just the bare minimum from their paycheck to get by—I'm not entirely sure of the exact percentage the bank is withholding, but I suspect it's somewhere around 30%.
Essentially, the bank initiated the garnishment because they defaulted on their loan payments.
Then, about two or three months ago, they received a notice from the bank stating they need to pay somewhere around $13, or potentially even more, and if they don't settle the amount, the bank intends to move forward with forced collection. As far as I understand, isn't forced collection basically the same thing as a garnishment? Or am I perhaps mistaken about how that works?
My main confusion is this: if the bank has already garnished their accounts, I guess I don't quite see how they can initiate another garnishment on top of that.
I'm actually curious about this too... if the bank already has a garnishment on an account where they're receiving a third of the income every month (which is what the law allows), how can they suddenly demand the full debt at once and threaten forced measures? We're talking about the exact same loan—one that should be fully cleared in about 5 months (assuming it takes that long to settle the debt via the garnished account).
The loan is being paid off—albeit slowly—so what else could they possibly want? 🤔