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nazdawg

NC wage garnishment

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I just got off of the phone with a law office representing Chase (OC). Everything that I have see on the internet says that in North Carolina that they cannot garnish wages execpt for public debt, i.e. taxes, etc. The lawyer said that was true unless the credit card debt was over 10k. Is this true??

Thanks in advance

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First of all, the obvious: there can be no garnishment by a creditor unless ordered by a court, usually after a judgment has been entered.

You may very well be right about what types of debts can be garnished. Here is what the NC dept. of Labor says about the subject:

http://www.dol.state.nc.us/wh/garnishments.htm

One final point that everyone should keep in mind. When you are speaking to an OC or CA (which you should not do under normal circumstances), and they make a representation as to the law, ask them for authority. Don't be afraid that it will mark you as a novice--I'm a lawyer and I do it all the time (sometimes even when I know the answer). If they say they don't have a citation at hand, tell them that your research discloses the opposite and you will proceed accordingly unless you are proven wrong. Then write them a letter saying the same thing.

If they are blowing smoke, you will soon find out. If they try to surprise you in court with a case they wouldn't give you over the phone, they will look very, very bad when you show the court your letter.

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I would concur with Calawyer. Looks like standard scare tactics to me, have you been served?

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