When a person is unable to pay their debts to a given creditor, the creditor may take legal action against them so as to get his money back. If this is the case, the court system may decree a garnishment order. This involves deducting money from the income of the debtor until his dues are fully settled. However, this has not been in good books with everyone and there have been campaigns to stop garnishment today San Francisco CA.
Garnishment has been ridiculed as being an inhumane way of solving a misunderstanding. The fact that a person's income is slashed every time he gets it is appalling and even disheartening in some circles. The order of garnishment does not leave some room for consumption and other uses but instead cuts off a chunk of it to pay off the creditor.
The process by which the funds are deducted mainly depends on the form of income the defendant gets. Since the majority of people are in formal employment, the funds are deducted as a normal deduction from the payroll, along with taxes and other such deductions. However, there are laws governing the amount deductible. This is set at a maximum of 25% of disposable income.
There are certain debts that will mandate the court to place an order of summons on a given account. This is mainly caused by debts in regard to delayed or failed alimony payments, defaulted or backlogs in student loans, piled up taxes and a number of unpaid legal duties and fees including court fines.
Credit card debt has been recorded to have the highest defaulters sentenced to summons. Most credit card companies will attempt other methods of settling the debt before settling on garnishing the debtor. The company usually will attempt to sell the debt to other companies. If all else fails, the company will then sue, which against most odds will lead to garnishment.
This method of getting people to pay their dues back has been termed as barbaric and archaic. It has been shot down by common men and law professionals alike. There are a lot of scholars trying to come up with new measures of how to settle such disputes without having to embarrass a debtor, as is the case with garnishing.
Filing for bankruptcy is a method being advocated for by lawyers to avoid summons. It can also be used to cease the collection of income. The procedure has to be done correctly and carefully. Requesting a negotiation with the creditor is another method that has shown positive results and will often result in elimination of the summons.
Garnishment has not been received well among many circles, and renegotiations are seen as the most likely way of ending these suits. Most creditors will however also require a waiver on the costs and related charges incurred during the court process which is a small price to pay for the elimination of garnishment as well.
Garnishment has been ridiculed as being an inhumane way of solving a misunderstanding. The fact that a person's income is slashed every time he gets it is appalling and even disheartening in some circles. The order of garnishment does not leave some room for consumption and other uses but instead cuts off a chunk of it to pay off the creditor.
The process by which the funds are deducted mainly depends on the form of income the defendant gets. Since the majority of people are in formal employment, the funds are deducted as a normal deduction from the payroll, along with taxes and other such deductions. However, there are laws governing the amount deductible. This is set at a maximum of 25% of disposable income.
There are certain debts that will mandate the court to place an order of summons on a given account. This is mainly caused by debts in regard to delayed or failed alimony payments, defaulted or backlogs in student loans, piled up taxes and a number of unpaid legal duties and fees including court fines.
Credit card debt has been recorded to have the highest defaulters sentenced to summons. Most credit card companies will attempt other methods of settling the debt before settling on garnishing the debtor. The company usually will attempt to sell the debt to other companies. If all else fails, the company will then sue, which against most odds will lead to garnishment.
This method of getting people to pay their dues back has been termed as barbaric and archaic. It has been shot down by common men and law professionals alike. There are a lot of scholars trying to come up with new measures of how to settle such disputes without having to embarrass a debtor, as is the case with garnishing.
Filing for bankruptcy is a method being advocated for by lawyers to avoid summons. It can also be used to cease the collection of income. The procedure has to be done correctly and carefully. Requesting a negotiation with the creditor is another method that has shown positive results and will often result in elimination of the summons.
Garnishment has not been received well among many circles, and renegotiations are seen as the most likely way of ending these suits. Most creditors will however also require a waiver on the costs and related charges incurred during the court process which is a small price to pay for the elimination of garnishment as well.
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