News & Analysis as of

Wage Garnishment

Jaburg Wilk

The Arizona Court of Appeals Issues Further Clarity on Prop 209 Application

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In Joseph Silence v. Shane T. Betts No. 1 CA-CV 23-0178, the Arizona Court of Appeals affirmed Maricopa County’s Superior Court’s decision and clarified how Proposition 209’s Savings Clause applies to garnished wages before...more

Orrick, Herrington & Sutcliffe LLP

Tennessee amends consumer debt proceeding requirements and garnishment exemptions

On May 3, the Governor of Tennessee signed into law HB 2320 (the “Act”), which will amend pleading requirements for consumer debt suits and garnishment exemptions. The Act would require that, in a civil suit or arbitration...more

Orrick, Herrington & Sutcliffe LLP

Oregon enacts new consumer finance protections related to wage garnishment

Recently, the Governor of Oregon enacted bill SB 1595 (the “Act”) that amended Oregon’s statutes to provide greater consumer protection rights for Oregonians working to pay back their debts. The Act was mostly comprised of...more

McAfee & Taft

Garnishments 101: A short refresher

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Payroll garnishments — “continuing earnings garnishments” — are court-ordered procedures that require an employer to withhold certain amounts from an employee’s paycheck and send those amounts directly to a third-person...more

Smith Debnam Narron Drake Saintsing & Myers,...

What Happens if My Ex-Spouse Falls Behind on Alimony Payments?

Alimony, also known as spousal support, is a court-ordered payment that one spouse makes to the other after a divorce or separation. In North Carolina, alimony may be awarded to a dependent spouse (i.e., a spouse who is...more

Jaburg Wilk

Arizona Employers Could Have an Unpleasant Surprise as Arizona Proposition 209 Impacts Them

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Arizona voters passed Proposition 209 in November of 2022.  Although billed as a healthcare debt interest rate limit, it surprisingly impacts Arizona employers.   In Arizona, generally, thirty days after an election,...more

Troutman Pepper

Filing Motion to Dismiss in State Court Waived Right to Removal, Holds Fourth Circuit

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FIA Card Services, NA (FIA) obtained a default judgment in a collection action against Jerome Redman in West Virginia state court. FIA, through its counsel Javitch Block LLC (Javitch), then filed a wage garnishment action...more

Holland & Knight LLP

Attention Retired Military Personnel: Emoluments Clause Can Lead to Compensation Garnishment

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In a recently released investigation, the U.S. Air Force Inspector General's Office found that a retired general officer did not receive approval through the Foreign Government Employment (FGE) program before accepting...more

Rivkin Radler LLP

New Legislation Protects New Yorkers with Medical Debt

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New York Governor Kathy Hochul recently signed legislation designed to prevent New York hospitals and medical providers from employing certain collection practices against patients with medical debt. This protection became...more

Harris Beach PLLC

Liens and Wage Garnishment for Medical Debt Outlawed in New York

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Nonprofit hospitals, nursing homes and other care providers are now prohibited from placing liens on patient homes or garnishing patient wages to collect medical debts in New York. Gov. Kathy Hochul signed the law...more

Holland & Knight LLP

CFPB Targets Garnishment Practices: Banks Need a Robust Compliance Plan

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When a consumer fails to pay a debt, the creditor may engage in proceedings to collect, which may result in a court issuing a garnishment notice directing a bank to freeze and turn over funds in the consumer's deposit account...more

McGlinchey Stafford

Louisiana employers can be responsible for employees’ garnishments on behalf of creditor

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Buried deep in the Louisiana Code of Civil Procedure is a little-known law which gives creditors the right to seek wage garnishments from a borrower’s employer if the borrower fails to satisfy a loan obligation....more

Hudson Cook, LLP

Back to School: A Lesson on the Materially Misleading Debt Collection Standard

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'Tis the season for returning to school and learning something new. When I was growing up, we learned the long multiplication algorithm by which you multiply numbers right to left, insert zeros along the way, write some...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Louisiana Laws on Hair Discrimination and Wage Garnishment Take Effect on August 1, 2022

The 2022 regular session of the Louisiana Legislature was a busy one, although there were only two new notable employment laws. The biggest news from the session was that Louisiana joined a growing list of states and...more

Amundsen Davis LLC

Hiring Remote Employees in Other States? Make Sure Your Business is Compliant

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In today’s age of technology and innovation, more and more employers are hiring remote employees who live and work in a geographic location outside of where their business is located. Remote work offers advantages,...more

Jaburg Wilk

Can Employers Become Liable for Employee Debts?

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Arizona-based employers ask us, “Can we be held liable for the debts of our employees?” The short answer is maybe. However, the risk lessens if the employer follows some best practices. For many employers, they do not know...more

Hogan Lovells

Keine Pfändung von Entgeltumwandlungen

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Beiträge in Direktversicherungen können im Regelfall nicht gepfändet werden. Aber auch in anderen Durchführungswegen unterliegen Einzahlungen im Wege der Entgeltumwandlung nicht der Pfändung....more

Cozen O'Connor

Debt Collector Permanently Banned for Engaging in Illegal Collection Practices and Debt Brokerage

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New York AG Letitia James reached a settlement with debt collector Andrew Fanelli and his companies (collectively “Fanelli”) to resolve allegations that Fanelli ran an illegal debt collection scheme in violation of the...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights, Volume 2, Issue 18

Why the Overturned Eviction Moratorium May be Too Little, Too Late for Both Renters, Landlords - "However, the ruling doesn’t mean renters in states without protections will be immediately removed from their homes — an...more

Holland & Hart - Employers' Lawyers

Nevada Legislative Update 2021

Similar to 2019, in 2021, the Nevada Legislature passed several bills implicating employment issues for both private and public employers. High level summaries of the relevant provisions of these bills and their effective...more

Holland & Hart LLP

Nevada Legislative Update - June 2021

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Similar to 2019, in 2021, the Nevada Legislature passed several bills implicating employment issues for both private and public employers. High level summaries of the relevant provisions of these bills and their effective...more

Cozen O'Connor

Debt Collector To Return $477,000 To Washington Consumers In AG Settlement

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Washington AG Bob Ferguson reached a settlement with Denver-based collection agency Machol & Johannes, LLC and its present and former owners (collectively “M&J”) to resolve allegations that the company engaged in unlawful...more

Goodwin

Washington AG Reaches Settlement with Debt Collector to Resolve Lawsuit Concerning Its Alleged Failure to Offer Garnishment...

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On June 8, 2020 the Washington Attorney General’s office (Washington AG) announced that a consent order had been reached with a Colorado-based debt collection agency that would require the agency to pay $475,000 to...more

Troutman Pepper

Second Circuit Holds Reporting a Judgment as “Satisfied” was Accurate and Provides Guidance on Defending Claims for Willfully...

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The Second Circuit Court of Appeals recently upheld a ruling that reporting a judgment as “satisfied” was accurate under the Fair Credit Reporting Act (FCRA) when the underlying lawsuit was dismissed by stipulation as...more

Cozen O'Connor

Texas Power Companies Investigated Post-Storm | Cryptocurrency Investors Misled| Student Loan Relief

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2022 AG Elections- Republican Candidate Seeks 2022 Rematch Against Minnesota’s Incumbent Attorney General- •Doug Wardlow, general counsel for My Pillow, Inc. and a former state representative, has announced he will...more

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