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Collections Law/Mortgage deficiency suit

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Expert: Michael Brotherton - 7/2/2007


Question
In Pennsylvania can wages be attached when involved with a mortgage deficiency law suit? If so, how do they determine the amount to take from the wages? Thank you.

Answer
Only under very limited circumstances does Pennsylvania law permit the garnishment of wages.  Garnishment of wages is a seizure of wages while they are still in the control of the employer, and have not yet been paid out to the employee.  An employee's wages, salaries and commissions may be taken from an employer through appropriate legal procedures to satisfy five kinds of debts:

  1. judgments for child or spousal support
  2. PHEAA student loans
  3. room and board for four weeks or less
  4. back rent on a residential lease
  5. obligations relating to final divorce distribution

Garnishment of wages can be accomplished only by a court order directed to the employer and no such court order can be issued without fair notice to the debtor/wage earner.  Other than the kinds of debt listed above, no other debt or legal obligation can give rise to wage attachment in Pennsylvania.

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Michael Brotherton

Expertise

Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).

Experience

Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.

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