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A pension plan is an agreement between an employee, their employer and, for some jobs, the union. Sometimes, the employer contributes and sometimes the employee does as well. Employers are not required to have pension plans. A federal law, the Employee Retirement Income Security Act of 1974 (ERISA), sets the standards for private pensions. It also provides guaranteed pensions in some cases.
Once a creditor sues and obtains a judgment (court order) against a debtor they must follow a legal process to obtain payment. The creditor collects on a judgment through a "Writ of Execution" which directs a sheriff to seize the debtor's money, property, or real estate to pay the debt (in limited situations, money or property may be taken before a court enters a judgment). A creditor must collect on the debt within five years after a court issues a judgment, although a creditor can renew a judgment for additional five year periods.
Un acreedor puede requerirle a un empleador a desviar parte del sueldo de un empleado para pagar un fallo/ sentencia. El acreedor está limitado a tomar el sueldo de un deudor que: a) exceda treinta (30) veces el sueldo mínimo federal ($7.25 por hora vigente 24 de julio 2009), o b) es 25% del ingreso disponible. Cualquier exención cual permite al deudor mantener más de su sueldo aplica. Ingreso disponible es el pago neto del deudor después de las deducciones requeridas por ley, tal como impuestos, cuales son rebajados...
What is a garnishment? A garnishment is basically a legal collections tool where a creditor obtains a court order compelling an employer to withhold a portion of an employee’s wages. The amount that can be withheld is capped at 25%, however, the percentage may vary depending on the state issuing the garnishment and the type of debt. The cap applies to all creditors, meaning 25% is the most that can be withheld at any one time. Garnishments, however, are not limited to wages and can involve one time garnishment of bank accounts or personal property.
Social Security income is a lifeline for most seniors. Because it is considered so essential for survival, it has traditionally been protected from attachment by creditors. However, there are some exceptions.
Please review the guide below for more information.
Many collection lawsuits are brought by companies called Debt Buyers. Debt Buyers pay money to other companies for the right to collect money owed to those companies. For example, you might owe $3,000 on a store credit card. After a while, the store may decide to sell the debt to a Debt Buyer for a few hundred dollars, instead of trying to collect it. Then the Debt Buyer will try to collect from you...
The legal requirements of the Indian Child Welfare Act are discussed regarding the legal rights of Indian parents, tribes and Indian child custodians before state courts can order the removal of Indian children in child protection, adoption and guardianship proceedings.
If you are having problems with debt collectors, watch this video to learn about your rights! Hear about your rights under the Fair Debt Collection Practices Act and state laws. Find out what you should do if you are being illegally harassed.
If you want to learn how to represent yourself, hear about common defenses against debt collectors, and gain knowledge of possible outcomes to your trial, then watch this video.
If you lost your debt defense case (or did not know it even occurred) and your wages or bank account is being garnished, watch this video to learn what you can do. Learn about one of your key defenses. Determine if you were served papers properly.
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