Protecting Wages

i have a question about how to protect wages. Lets say that you have a legal garnishment against you. Could you sue your employer or the entity that had the garnishment against you if you were to protect all your wages from your employer by having someone (you can trust) have a security agreement with you that they are entitled to all your wages and have a signed ucc1 on file giving public notice of this? Who would you sue for fraud, your employer, the entity that has the garnishment, or both? and how would you sue, in federal or state court and would you just be suing for fraud? One of the problems of the ucc1 filings on mortgages, etc. is the fact that all the law is written into the contract, so you cannot bring the ucc1 filings in later to perfect your claim. Seems to me though that a garnishment isnt a perfected claim against your wages, so i cant see how a perfected ucc1 filing couldnt judgment proof it?

[rushpat]

I would think that you'd have to bring in the argument that there needs to be either:

1) Your signed permission to have monies removed from your paycheck

2) A signed court order

If the employer doesn't have at least one of those, then you have a case. I would ask the payroll dept of the company I worked for to please get the signed court order for their own legal protection before taking any monies out.

If you have a 'friendly lien' placed on you, then there is probably a state limit in place on the percentage that can be liened. I hear in some states, it can be as high as 60%. So, if your friendly lien takes out 60%, then anyone else has to stand in line until that lien is finished.

Of course, you'd have to find a trustworthy friend, as your money would be sent out to them.

[weishaupt1776]

Originally Posted by kgod999

i have a question about how to protect wages. Lets say that you have a legal garnishment against you. Could you sue your employer or the entity that had the garnishment against you if you were to protect all your wages from your employer by having someone (you can trust) have a security agreement with you that they are entitled to all your wages and have a signed ucc1 on file giving public notice of this? Who would you sue for fraud, your employer, the entity that has the garnishment, or both? and how would you sue, in federal or state court and would you just be suing for fraud? One of the problems of the ucc1 filings on mortgages, etc. is the fact that all the law is written into the contract, so you cannot bring the ucc1 filings in later to perfect your claim. Seems to me though that a garnishment isnt a perfected claim against your wages, so i cant see how a perfected ucc1 filing couldnt judgment proof it?

In Florida, there are consensual garnishments, so such an arrangement could be made to take it to the state maximum.

However, It seems like the State bends over like catamites whenever the IRS wants a piece, and they probably would allow them to cut in line