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Re: Stop impending garnishment with another garnishment?



<[EMAIL PROTECTED]> wrote in message
news:[EMAIL PROTECTED]
> I'm in a predicament. I have some outstanding student loans which have
> been dormant for some time. Today, however, I got a call from the
> guarantor's legal services department. The call would not concern me
> much, but it came to my work. I'm afraid a garnishment might be coming
> soon.
>
> I don't want to be garnished for obvious reasons, but I have another,
> as well. Due to the bad loan debt, I was not able to qualify for the
> place I'm renting. A family member did it for me, and if I start
> getting garnished, it's highly unlikely I can afford to pay the rent.
> I don't want to put this person in the position of defaulting on a
> lease.
>
> Can I ask this person to sue me and get a judgment against me? If so,
> she could then request garnishment to shield that income. I don't know
> enough about legal maneuvering to be sure, but I'm guessing that with
> judgments and garnishments it would be first come, first served.
>
> Anyone feeling an urge to preach about accountability, please spare
> me... It's a bad economy, and the degree I got comes nowhere near
> paying for itself. If things improve, I'll pay up then.Thanks for any
> help or advice.

I used "Multiple garnishment" as search criteria at Yahoo.com and received
774 hits.  I only looked at three.  In Oregon, Mississippi an Virginia,
multiple garnishment orders are processed on a first-come-first-served
basis.  I don't know what the rule is in your state.  I suggest you enter:
+"Multiple garnishment" +"XXX XXX" into a search engine, with the quote
marks and plus signs, using your state in place of the x's.

In Oregon: If an employer receives more than one writ of garnishment for the
same debtor, the writs have priority based on the date on which the employer
received them.
http://www.apawestmichigan.org/newsletter.cfm?get=1976

In Mississippi: Where more than one garnishment has been issued against an
employee of a garnishee, such garnishee shall comply with the garnishment
with which he was first served.
http://www.mscode.com/free/statutes/11/035/0024.htm

In Virginia: Where there are two or more garnishments for ordinary debts,
the priority between them is determined by the order in which the writs of
fieri facias are delivered to the sheriff. This date may be determined from
the Garnishment Summons which provides both the date of issuance of the
summons and, if different, the date of delivery of the writ of fieri facias
to the sheriff.
http://www.dli.state.va.us/whatwedo/labor_law/garnsupp_multiple.html

McGyver





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