| Is there a place to divert your paycheck so that it cannot be garnished |
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drg
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Me and my friend are having a debate. and l know im right! Prove me right people. Is there a legal way or place to put your money to protect it from a judgement.
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Star
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Clone
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l do not think so. The garnishment is initiated with your employer and the money is removed before your paycheck is ever deposited anywhere. l suppose one option would be for your employer to pay you in cash and lie to the government, but you would have to be a really great employee for your employer to risk jail time for you.
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Doctor
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If you have a corporation, you can place the money in there. A corporation is a completely different entity, so as long as your corp. has not judgments against it, you can dump the funds in there.
Second option is to put the funds in a trusted family/friends account. This is not as secure, but if you do not want to spend the $$$ to start a corporation, this will work.
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Coach
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No. Your paycheck is garnished by your employer. The garnished amount comes out before the check is written.
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Kim
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No..it is garnished before you would even get the check.
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Lostyo
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l am not sure u fully understand the garnishment process. First a little background info:
A garnishment is a court order sent not to you, but to ur employer, basically telling him that his payroll department has a court-ordered legal obligation to deduct a specified amount from ur paycheck. This amount is then forwarded to the court that imposed the garnishment, & is used to satisfy whatever debt (IRS, alimony, student loan, credit card, child support, etc.) the court has decided that u need to pay.
The employer is legally obligated to comply with the terms of the wage garnishment. Nor is the employer allowed to refuse the wage garnishment. Should an employer refuse in garnishing an employee’s wages, the employer can be held personally liable for money that was not received by the court ordered garnishment. If u & ur employer try to divert the wages, or try to set up ur payroll in cash (this is called ''working under the table'') so as to avoid the garnishment order, both of u will be in violation of the court order, & could possibly be given jail time.
There r limitations as to what can be garnished, & what can be considered ''exempt'' wages. For example, if ur disposable earnings r less than $170 per week, ur wages cannot be garnished. Also, some kinds of income r exempt, which means that they cannot be garnished at all by creditors for consumer debts. For example, welfare, unemployment, veterans benefits, Social security, workers' compensation, pensions, & child support payments that u receive cannot be garnished for consumer debts.
But in answer to ur basic question, l think the answer is no - neither u nor ur employer can legally ''divert'' ur paycheck somewhere to protect it from being garnished. You'd both be in trouble with the court.
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