This is an email i sent to the collection company to advise them i was aware they were violating the law and exceeding the 25% garnishment of wages they are authorized.This company has threatned me via phone and has been harassing me .I am a military spouse who's husband is being deployed for Iraq this month for a 2nd term. I am under enough stress without this collection company creating a financial hardship for me. They are attny's and should know better than to violate my rights and the law.
Just a quick not to let you know that according to the paperwork I have received from my employer your collection department was notified that my check is already being garnished for 25% of my income for another company. The paperwork my employer returned and sent me a copy of states they notified you of this garnishment and your company is aware of the date when the garnishment will be completed in September. Your company garnished my bank account at Bank of America on 8-15-08 for 290.52 and a creating a 100.00 processing fee for the garnishment totaling 390.52.
. Washington Wage Garnishment
Garnishment is allowed under RCW 6.27.005. It is limited to greater of 25% of disposable earnings or thirty times the federal minimum wage. RCW 6.27.150 and 6.27.010
There are limits on how much your wages can be garnished. In addition to your regular wages or income, the following earnings may be garnished: commissions, bonuses, vacation pay, and periodic payments pursuant to a pension or retirement program. Tips, income tax refunds, unemployment and welfare benefits are not subject to wage garnishment.
Only your disposable income can be garnished. Disposable income is income left over after legally required deductions are taken out. These deductions include: Federal income taxes, State and city income taxes, State unemployment taxes, Social Security contributions, and State employee retirement deductions.
In addition only a portion of your disposable income may be garnished. The percentage is 25percent of your disposable income for the week or the amount by which your disposable income for the week exceeds 30 times the federal minimum hourly wage, which ever is less.
According to the law you have exceeded the 25% allowed garnishment, as the funds in my bank account was the money that was left after already being garnished for 25% from another company. I will not only be reporting you to the better business bureau but I will be looking into pursuing legal action against this company (BISHOP, WHITE, & MARSHALL P.S.)For violating the law and causing undue stress and anxiety and creating an unnecessary financial hardship. I also expect this company to not only refund the 290.52 that was taken from my bank account but to also pay the 100.00 processing fee incurred by this companies illegal actions. I also expect this company to make no further attempts to garnish my bank account until the garnishment period has ended that is already in effect as stated in the paperwork that was sent to you by my employer.
I have made every effort to settle this debt and had been making payments to this company monthly for almost a year,and showing good faith to settle this debt but due to a serious illness requiring hospitalization twice this year and was off work for over 3 months since January with a pic line to my heart to give myself daily iv antiboiotics.This company has advised me they have no interest in working with me to settle the debt since my recent payment did not prciocess due to me being hospitalized. I left a message as soon as i recieved thier call to arrange a payment,and they stated they do not have to return our calls and arrange payment as it is a curtosey and not required by law. and that their only concern is to get the clients their money and my issues or how what they are doing is going to impact my ability to pay my rent and buy groceries is not their problem. I am not only frustrated by the companies inability to work with me to settle this debt by a payment plan, but saddened by the way this company could care less they are creating a financial hardship for a military spouse. I have been forced to beg for money from family and friends, use military aid, and the local food bank.
I hope they appreciate the freedoms that my husband is fighting for.