Debtors are sometimes unable to fully settle the amounts they owe to their creditors. In such cases, the creditor may take drastic steps and file a law suit against the debtor. This is done in a bid to recover his money. In so doing, the courts will usually order a garnishment toward the debtor. This will assure the creditor gets his money albeit over a longer period. However this method has had a bitter reception and there are plots to stop garnishment today San Francisco CA.
The procedure of garnishment involves deducting income from the defendant. This is inclusive of all income, including wages and salaries. These deductions are invoked by a court order as a result of a case against a debtor. The funds are deducted until the total amount due is paid off, including any and all interest charges and other sundry costs involved.
Most people in society as well as those entangled in such court battles depend on a single paycheck for their livelihood. As such funds are deducted as a natural deduction such as tax and levies would be. The court and creditor usually communicate this to the debtor's employer. He is instructed to slash off a certain amount from his payroll and send it to the creditor until notice is given to cease.
Failure to pay off certain debts has been noted to almost certainly lead the debtor to a garnishment sentence. These include failure to repay student loans on time, failure to pay up on child support and alimony, and failure to pay court fines on time, as agreed.
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 procedure however faced a lot of opposition from circles who believe it is not the right procedure for following up on such debt. This has led various legal scholars, lawyers and advocates alike to seek for ways in which their clients can get out of such difficulty without incurring the embarrassment and other negative effects that come along with garnishment.
Among the most common measures is to file for bankruptcy. If filed and followed up correctly, the procedure may yield to partial or total waiver of the debt causing your money to be taken away through summons. Another method that has been observed to work is to request for renegotiation of terms with your creditors. Usually you will have to cover any costs involved in seeking out the debt before agreeing on new terms.
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.
The procedure of garnishment involves deducting income from the defendant. This is inclusive of all income, including wages and salaries. These deductions are invoked by a court order as a result of a case against a debtor. The funds are deducted until the total amount due is paid off, including any and all interest charges and other sundry costs involved.
Most people in society as well as those entangled in such court battles depend on a single paycheck for their livelihood. As such funds are deducted as a natural deduction such as tax and levies would be. The court and creditor usually communicate this to the debtor's employer. He is instructed to slash off a certain amount from his payroll and send it to the creditor until notice is given to cease.
Failure to pay off certain debts has been noted to almost certainly lead the debtor to a garnishment sentence. These include failure to repay student loans on time, failure to pay up on child support and alimony, and failure to pay court fines on time, as agreed.
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 procedure however faced a lot of opposition from circles who believe it is not the right procedure for following up on such debt. This has led various legal scholars, lawyers and advocates alike to seek for ways in which their clients can get out of such difficulty without incurring the embarrassment and other negative effects that come along with garnishment.
Among the most common measures is to file for bankruptcy. If filed and followed up correctly, the procedure may yield to partial or total waiver of the debt causing your money to be taken away through summons. Another method that has been observed to work is to request for renegotiation of terms with your creditors. Usually you will have to cover any costs involved in seeking out the debt before agreeing on new terms.
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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