Can my wages be garnished? That may be the number one question that I receive at my office from individuals who are facing a credit card or debt collection lawsuit.
In Pennsylvania, the answer is no, with conditions. Pennsylvania is one of only four states (at the time of this writing) that does not allow wage garnishment for credit card/collection agency lawsuits. Let me explain the conditions now. First, the individual must live and work in PA to be protected. Second, and this is a big one, the lawsuit must have been filed in Pennsylvania as well. If you can meet all three of the listed criteria, your wages cannot be garnished here in our state.
What is unclear is what happens if you are sued in another state? Or if you live in PA now but previously lived in another state where judgment was entered? There is not a whole lot of case law on interstate debt collection regarding Pennsylvania. There is also a bit of a conflict in the law here. Pennsylvania does not allow wage garnishment for this type of debt. However, the federal Full Faith and Credit Clause sets forth that all states must honor the judicial rulings of other states. On the other hand, our state Attorney General, although not the final arbiter on the issue, has set forth an opinion that this clause is contrary to Pennsylvania law on this issue and that wage garnishment are not permissible. A final decision needs to be rendered on this recurring subject.
Unfortunately, the fact that wage garnishments cannot occur in PA does not stop unethical debt collectors from making such a threat. That is the basis for the telephone calls to my office. Joe Debtor has defaulted on a credit card account. His account gets transferred to a collection agency. The collection agency then calls Joe and demands payment. When he advises that he cannot afford to pay, the collection agency threatens a wage garnishment. There are two problems with such a threat. The first is that the threat cannot be carried out because wage garnishment is not legal in PA for those purposes. The second is that the debt collector has just violated the Fair Debt Collection Practices Act based upon his illegal threat. If this happens to you, you will have the right to file a lawsuit against the collection agency for monetary damages.
There are a few scenarios where wage garnishment is legal in Pennsylvania. These are very limited in scope and are as follows:
1) for judgments regarding spousal or child support;
2) for failure to pay PHEAA student loans;
3) for room and board for 4 weeks or less;
4) for back rent on a residential lease; and
5) for obligations relating to a final divorce distribution.
By: Greg Artim
Posts Tagged ‘Whole Lot’
Pennsylvania Wage Garnishment Law
April 22nd, 2010Laws Against Adultery
April 7th, 2010
Every state has its own laws against adultery. Each one is unique in its own way, but there are similarities between all of them. We aren’t necessarily talking about the good old days when you could be stoned to death, but more modern time laws. Below you will find some of the things that can happen if you find out your spouse is cheating on you. Some of them can make you think twice the next time you’re in that situation.
While you could travel to other countries and see the different laws against adultery they have, the United States is much more lenient. This is due in most part to laws that only exist in each state. For instance, the seriousness in Michigan is a whole lot stronger then what Maryland thinks. It’s an ongoing problem for something that Christians have been told to obey through the Ten Commandments for centuries.
Divorce
Everyone probably already knows that if your spouse has committed adultery, then it’s a free pass for you to get a divorce. Even though this sounds like an easy fix, you may want to contemplate the situation especially if you have kids involved. However, if you do decide to go through with it there are several steps you can take that will give you the most in return for going through the mental stress, anxiety, pain and suffering, as well as many other issues that stem from divorce.
Spousal Support
When it comes time to go over those laws in court, if you’re the innocent party then you can ask for spousal support. Arguments will revolve around the scrutiny you will go through by neighbors, family members, and the pain this can have on you. In many cases, this results in either large sums of money or monthly payments given to this person for their troubles. Sounds trivial, but if you are the one that learned about your spouse’s affair then you understand the pain.
Criminal Action
Depending on where you live, you won’t find too much criminal action against the person who committed adultery. This is due to the fact that “the damage is done” so to speak and it is an irreversible issue. However, there are states like Michigan that will offer up a life sentence if the adultery warrants such a judgment. Unfortunately, prosecutions of this crime have become so obsolete almost everywhere, people just figure the only laws against adultery is that you’ll get divorced.
The Silver Lining
At the end of the day, it’s hard to tell someone who is the victim of an adulterous spouse that everything will be okay. Until of course, they are in divorce mode where most of the laws that are upheld today come into play. We already talked about spousal support above, but there are many other laws for this that haven’t been discussed. In most part, it is due to the different state laws, but most of all, it’s because these are the common traits between them.
By: Ryan Singler
