North Carolina Sample Letter for Writ of Garnishment
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How to fill out North Carolina Sample Letter For Writ Of Garnishment?
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FAQ
A wage garnishment is a legal document that requires the employer of a taxpayer to withhold funds from the taxpayer's wages, salaries, or non-wage payments (contract payments, commissions, rents, royalties, etc.) and submit those funds to the Department in order to pay an unpaid tax liability.
In most cases, a creditor can't garnish your wages without first getting a money judgment from a court. For instance, if you're behind on credit card payments or owe a doctor's bill, those creditors can't garnish your wages unless they sue you and get a judgment.
Garnishment generally prohibited In general, South Carolina law prohibits most private parties from garnishing your wages for consumer debt. As a result, most creditors cannot seek garnishment of your wages for credit card debts, purchases of goods on store credit, cash advances and other forms of consumer debt.
NC General Statutes do not allow the Department to require more than 10% of monthly gross salaries and wages to be deducted from paychecks. Other types of payments, such as contract payments, are not subject to the 10% limitation. You may deduct 100% of these funds, up to the amount of the total liability.
Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties.
Once a tax bill has become delinquent, the Tax Collector has the authority (given by NCGS 105-368(a)) to garnish the taxpayer's wages or to attach rent, bank deposits, or other funds that are being held on behalf of the taxpayer to satisfy the debt.
If you don't pay your taxes in Noth Carolina, the NC Department of Revenue (DOR) can garnish your wages, bank accounts, and payments from third parties. Garnishments can be professionally embarrassing, and they can also cause financial distress.
(2) To obtain issuance of the writ, the plaintiff, or the plaintiff's agent or attorney, shall file in the court where the action is pending a verified motion or affidavit alleging by specific facts the nature of the cause of action; the amount of the debt and that the debt for which the plaintiff sues is just, due, ...
