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  • Report:  #811656

Complaint Review: new century financial services

new century financial services this company is garnishing 10% of my check starting 12/09 for the amount of $698 I know this is illegal but can't get them to stop this after telling them what they are doing is illegal. What's worse whippany, New Jersey

  • Reported By:
    jeremy — warminster Pennsylvania United States of America
  • Submitted:
    Tue, December 20, 2011
  • Updated:
    Tue, December 20, 2011
  • new century financial services
    110 south jefferson road suite 104
    whippany, New Jersey
    United States of America
  • Phone:
  • Category:

This company started garnishing 10% of my check on 12/09 I called them and told them this was illegal in Pennsylvania to garnishing with the exception of child support ,IRS , or student loans of course I was ignored and they were rude .. I contacted my payroll company and they said the are going to continue letting New century financial take my money because of the paper work the company sent not sure what else I can do to stop these people

1 Updates & Rebuttals


Robert

Irvine,
California,
U.S.A.

Details

#2Consumer Comment

Tue, December 20, 2011

You are correct PA does not allow Wage Garnishment for Consumer Debts.   If the debt was obtained while you were in PA, you live in PA and you work in PA then the PA laws would apply.  But if that was the case the courts should not have issued a garnishment order, and would be a pretty easy situation to not only have the garnishment rescinded but the money they did take returned.  If the collection agency sent "fake" garnishment orders that is an entirely different situation.

So I have a feeling that the "devil is in the details" on this.  You may work in PA but if you live in another state they may be using the laws of your state of residence, in which case regardless of what state you work in it may(notice I said MAY) be legal.  If the debt was acquired in another state there are cases where they can use those laws as well. 

Now you don't seem to be disputing the judgment, just the garnishment.  So keep this in mind that while PA does not allow wage garnishment there is NO law that says they can't attach your bank account and deduct the entire $698 in one "hit".  Just something to think about if this is a valid judgment.  If it isn't a valid judgment then you need to take steps to handle that.

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