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Debt Collectors Taking Child Support: Is This Legal?
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Major Advantages of Debt Settlement Like Paying Less Than 50%
Debt collectors often use unsavory means to threaten and harass people in attempt to collect monies owed. They call you, show up at your house, even contact your family and bad mouth you in an attempt to get you to pay. If the debt is secured debt, as those from car loans, they can repossess your property. Debt collectors can take you to court and if a judgment is made against you they can garnish up to 25% of your wages and in some cases, seize your bank accounts. What they can not do in most states, however, is take income that is legally protected. This income includes payments issued by state and federal agencies such as unemployment and social security and court ordered child support.
The most important thing you should do is not ignore the debt collectors. Take their phone calls and try to explain your situation. If you are beyond this point, make sure that you accept any notice that they may send regarding a lawsuit. Be aware that sometimes unscrupulous process servers are hired to serve you. Unfortunately this can mean that your notice winds up in the gutter and the lawsuit proceeds without you ever knowing of it, that is until a judgment is made against you and your bank account is seized.
If the money has been seized you will need to appeal to the court and have proof of what portion of the money taken represented child support payments. If you are concerned that this may happen to you, you should have your child support payments put into a trust account for your children. This action will protect the funds from being taken in the first place.
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