How can my AB stop the office from garnishing his wages for a creditor who is not the IRS or child support?
I may be mistaken, but I thought that a seaman’s wages could not be garnished. Of course that may have changed though the years.
[B]Seems like they should have to have some type of court judgement, unless the creditor has something signed by you (fine print) that in event of non-payment, they can garnish.
You may seek some advice in an attorney that specializes in “collections harassment” ?
Anyway, if you have time to surf there is plenty of info around. here is Fed Garnishment Law (shows limits %, for example of garnishment)
I would try to search your state for “wage garnishment laws” [/B]
[QUOTE=captpat;55699]How can my AB stop the office from garnishing his wages for a creditor who is not the IRS or child support?[/QUOTE]
He should contact a lawyer familiar with the Merchant Seaman Protection and Relief Act (46 U.S. Code Section 11109).
I was also under the impression that a seamans wages can only be garnished in the event of Back Taxes and Child Support. Nothing else.
[QUOTE=captpat;55699]How can my AB stop the office from garnishing his wages for a creditor who is not the IRS or child support?[/QUOTE]
Did said AB sign an agreement to garnish? If so, It may be too late. But a lawyer would be the ticket.
The AB had a lawyer contact the office to tell them that they could not do that because of the federal statute. The office then contacted their own lawyer who told them they could not garnish his wages. Their lawyer also told them that they were a boat company and should have known that! Go figure.
I am happy for him! Good to see that we are protected at least a little!!
He’s a dead beat and beat the system.
A man should pay his debts!!
It is very strange how your AB could do this. It must be first of all clear whether or not he has procured court order. You can also contact the professional tax attorney and have his view point. Although in Sea and Marine Act, wage garnishment application has no place.
[QUOTE=steveedward;166416]It is very strange how your AB could do this.[/QUOTE]
Why do you think so? The law is pretty clear in the matter, a mariner’s wages can only be garnished for alimony and child support (and probably taxes even though it isn’t allowed in the law).
[QUOTE=steveedward;166416]It must be first of all clear whether or not he has procured court order.[/QUOTE]
What?
[QUOTE=steveedward;166416]You can also contact the professional tax attorney and have his view point.[/QUOTE]
What does a tax attorney have to do with this? No one said anything about taxes.
[QUOTE=steveedward;166416]Although in Sea and Marine Act, wage garnishment application has no place.[/QUOTE]
Again, what? Did you read the US Code citation Mr. Cavo (a lawyer) provided?
[QUOTE=seadog!;55973]He’s a dead beat and beat the system.
A man should pay his debts!![/QUOTE]
There is an idea that don’t pop up much these days…
Doesn’t say anything about taxes or IRS, but that doesnt mean they wont get it. Maybe because the IRS doesnt need a court order to do so?
Sec. 11109. Attachment of wages
(a) Wages due or accruing to a master or seaman are not subject
to attachment or arrestment from any court, except for an order of
a court about the payment by a master or seaman of any part of the
master's or seaman's wages for the support and maintenance of the
spouse or minor children of the master or seaman, or both. A
payment of wages to a master or seaman is valid, notwithstanding
any prior sale or assignment of wages or any attachment,
encumbrance, or arrestment of the wages.
(b) An assignment or sale of wages or salvage made before the
payment of wages does not bind the party making it, except
allotments authorized by section 10315 of this title.
(c) This section applies to an individual employed on a fishing
vessel or any fish processing vessel.
HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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11109 46:601
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Section 11109 limits the attachment of a seaman's wages and
establishes certain rules for the assignment of a seaman's wages.
It also applies to fishermen on fishing vessels.
AMENDMENTS
1984 - Subsec. (c). Pub. L. 98-364 substituted "an individual
employed on a fishing vessel or any fish processing vessel" for "a
fisherman on a fishing vessel".