Legal Question in Consumer Law in Missouri

wage granishment

my wages are currently being garnished but twice in the past year the garnishment has stopped for a short period of time then the amount of garnishment increased. how is this possible because i thought once the amount of garnishment has been established that is the amount owed


Asked on 3/05/07, 2:05 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: wage granishment

Some states have ongoing wage garnishemnt, Missouri is not one of them. The cdreditor files a garnishemnt for a certian period (30-120 days) The employer withholds during that period. If the entire debt is not garnished, then a new garnishment has to be filed. Someitmnes there are lag periods where no garnishment is in effect, so the emloyer withholds nothing.

As to the increasing amount. One can only speculate that the amount being taken out does not exceed the accruing interest and costs. For example, if each month the principal acrrues $60 in interest, and the employer withholds $50, the debt increases $10 each month.

Somtimes credtiors and collection agencies make mistiakes in how they credit payemtns and what costs they tack on. You may want to determine how interest, costs and garnishment payments are being accounted. It may mean that a mistake has been made, which is cheating you.

The Fair Debt Collection Practices Act (FDCPA) prohibits wrongfully claiming and obtaining more than is owed. Most attorneys take this seriously and will investigate if you feel there is an error in the accounting. It is not uncommon for a creditor or collection agency to have askewed view and practice of applying payments.

Good Luck

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Answered on 3/06/07, 12:54 am


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