Can my paycheck be garnished ifI have debt thatI do not pay?

UPDATED: Aug 24, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 24, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my paycheck be garnished ifI have debt thatI do not pay?

We have been paying on a mobile home 14 years and have recently moved to another state because of work. They are charging 18.9%. We still owe them $20,000. We are no longer living there so what are our options?

Asked on August 24, 2011 West Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your pay check cannot be garnished for an unpaid debt if there is no judgment against you yet. in order for a wage garnishment to commence in all states in this country, there first must be a lawsuit against a person, a default/default judgment, a dispositive motion or a trial resulting in a judgment against a person.

If you have been paying a loan at 18.9% annual interest rate on a $20,000 balance owed for a mobile home, that rate is quite high given current market conditions. Depending upon the fair market value of this mobile home and the amount of equity in it, you should consider refinancing the 18.9 % loan at a much lower rate.

If you can refinance this loan at a significantly lower interest rate, your monthly payments will be significantly less.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption