Мда... могу поставить письмо сюда с постановлением сюда (есть у меня пара чел с которых снимать надобыло)
Боюсь вот только что сказут Димка дурак, сам эту хрень накатал
Нерон, хватит вам девушек пугать (с) Дженни
Он только все время грозит тюрьмой (c) Брюнетко
Раз других кандидатур нет, то буду порицать Нерона. (c) marfa1
Нерон, хватит вам девушек пугать (с) Дженни
Он только все время грозит тюрьмой (c) Брюнетко
Раз других кандидатур нет, то буду порицать Нерона. (c) marfa1
Опять путанки.
A garnishment is a means of collecting a monetary judgment (то есть решение суда) against a defendant by ordering a third party (the garnishee) to pay money, otherwise owed to the defendant, directly to the plaintiff. In the case of collecting for taxes, the law of a jurisdiction may allow for collection without a judgment or other court order.[1]
Wage garnishment, the most common type of garnishment, is the process of deducting money from an employee's monetary compensation (including salary), sometimes as a result of a court order (!!!!). Wage garnishments continue until the entire debt is paid or arrangements are made to pay off the debt.[2] Garnishments can be taken for any type of debt but common examples of debt that result in garnishments include:
When served (то есть вречено судебное решение) on an employer, garnishments are taken as part of the payroll process. When processing payroll, sometimes there is not enough money in the employee's net pay to satisfy all of the garnishments. For example, in a case with federal tax, local tax, and credit card garnishments, the first garnishment taken would be the federal tax garnishments, then the local tax garnishments, and finally, garnishments for the credit card. Employers receive a notice telling them to withhold a certain amount of their employee's wages for payment and cannot refuse to garnish wages.[3]
Wage garnishment can negatively affect credit, reputation, and the ability to receive a loan or open a bank account.[4]
At present four U.S. states — North Carolina, Pennsylvania, South Carolina and Texas — do not allow wage garnishment at all except for debts related to taxes, child support, federally guaranteed student loans, and court-ordered fines or restitution. Several other states observe maximum thresholds that are lower than the 25 percent maximum provided by federal law. States may also prohibit garnishment altogether in certain circumstances. For example, in Florida the wages of a person who provides more than half the support for a child or other dependent are exempt from garnishment altogether (though this is subject to waiver). Loans and negotiations with creditors can also help debtors to avoid wage garnishment.
In many states when the person is an employee or appointee of a governmental unit the writ is called a Writ of Sequestration (Предписание о конфискации или наложениии ареста). These are processed by the courts in the same manner as garnishments and are subject to the same wage exemptions.
U.S. federal tax rules
In the context of garnishments under U.S. federal tax law, there are only a few requirements that must be met before the Internal Revenue Service (IRS) starts a wage garnishment:
A garnishment by the Internal Revenue Service is a form of administrative levy. In the case of an IRS levy, no court order is required.[5]
- The IRS must have assessed the tax and must have sent a written Notice and Demand for Payment;
- The taxpayer must have neglected or refused to pay the tax within the time prescribed in the notice; and,
- The IRS must have sent a Final Notice of Intent to Levy and Notice of Your Right to A Hearing (levy notice) at least 30 days before the levy.
The IRS may serve the Final Notice in person, may leave the notice at the taxpayer’s home or usual place of business, or may send it to the last known address by certified or registered mail. The IRS is required to send the Final Notice to the last address known to the agency. The taxpayer does not need to actually receive the notice for the notice to be effective. Many taxpayers never actually receive the final notice. Those taxpayers may not realize they are in danger of receiving a levy until their wages are actually garnished.
И никакой путиницы нет: суд выносит решение, вручает его работадателю, и он снимает с должника деньги. Без решения суда никаких garnishment не бывает, кроме налогов, но там это уже levy.
Лев Кобрин – юрист, магистр права.
Nothing on this answer should be taken as legal advice. For legal advice, consult an immigration attorney.
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