Ok i got a letter from a lawyer who obtained a judgment against me 6 months ago on behalf of a corporation which i have been paying until i went to hospital and could only afford to send them half of the agreement for that month.
The letter stated that i had to bring the balance up to date by Jan 20.
It said.. "IF you don't pay so and so by Jan 20..we COULD garnish your wage at $200 a month".
But that got me thinking, isn't it up to the judge to decide how much can be garnished and not the actual lawyer?? or am i wrong?
It is kind of confusing so i want some others opinions.
2007-01-11 08:27:58 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
They will have to take you to court and prove you owe the debt and get the judge to issue a judgement in your favor. They will then have to give you sufficient time to pay the judgement. If you do not pay it in full by the time allotted by the judge, they can then seek a writ of garnishment or writ of attachent. The writ of attachment is what you really have to be careful of because they can attach your assets and bank accounts. The amount of the garnishment will depend on what you make because by law they can only take a certain percentage. It is determeined by the judge using state guidelines and not by the attorneys for the plaintiff. That maximum varies by state so I can't give you specifics. Email me if you want me to help you with the specific laws regarding garnishment in your state.
Just so you know, this is typical collection tactics. Pay what you can to show good faith. It won't be worth the cost of going to court if you are only half a payment behind. They are just trying to scare you into submission
-Litigation paralegal
2007-01-11 08:38:33 · answer #1 · answered by Melli 6 · 0⤊ 0⤋
The lawyer is trying to scare you. They will ask for an amount to be garnished and the judge finalizes it. But I do know a person who got the majority of his wages garnished, and he was left with not even enough to live on. Talk to a bankruptcy lawyer and try to cover your bases.
Also maybe call the lawyer who sent you the letter, tell him your situation and see if some arrangements can be made.
Good luck.
2007-01-11 08:33:01 · answer #2 · answered by Should be Working! 4 · 0⤊ 0⤋
Actually, according to the law, wage garnishment can not exceed 10% of the net value of your pay, and can not be compounded with any other garnishment (such as another judgment or child support). Yes, a judge does have to sign-off on a wage garnishment order, though it is likely that the threat from the law office was "assuming" that.
2007-01-11 08:32:02 · answer #3 · answered by Anonymous · 0⤊ 0⤋
you're dropping a while, fireplace him and hire yet another lawyer. If he cared, he'd answer his telephone and he might have filed with tips from now. a competent lawyer may well be much greater high priced than this jerk! you ought to assume to pay a minimum of $250 an hour on your lawyer! All you will do with tips from sending the letter is make it take even longer! I artwork for one that treats human beings like yours does, so i understand precisely what he's as much as! I choose i ought to tell shoppers whilst they arrive in that they do no longer opt to hire him, yet i'm no longer able to. he's one among various that I artwork for and the different are on no account like him! Sorry
2016-10-07 00:25:55 · answer #4 · answered by ? 4 · 0⤊ 0⤋
The lawyer is just a citizen like you, they have no right or ability to do anything to your wages. I think what the letter is saying is that they will take you to court and request that the judge grant the company the 200/month.
2007-01-11 08:32:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋
They would have to take you to court and the judge would decide that, but they probably have experience in these things and can make an educated guess. This letter isn't any official determination of a garnishment amount.
2007-01-11 08:38:27 · answer #6 · answered by Phoenix, Wise Guru 7 · 0⤊ 1⤋
It depends on what your original agreement said. There were probably repercussions if you didn't pay the full amount.
Call the lawyer and ask for a payment plan. Don't get mean or angry; try to work it out. It's mutually beneficial to you both if you continue to pay off the judgment.
2007-01-11 08:32:22 · answer #7 · answered by harrisnish 3 · 0⤊ 0⤋
They cant garnish you're wages without going back to court and then yes it would be up to the judge
2007-01-11 08:32:54 · answer #8 · answered by ingsoc1 7 · 0⤊ 0⤋
You can take this to court, but it depends if you think you can win. Witht he statement the lawyer put, it looks like he wants a court appearence, I personally would pay the fee, unless you feel your in the right.
2007-01-11 08:32:25 · answer #9 · answered by randy1016 3 · 0⤊ 0⤋
I think what they are saying is based on what they know of your income, etc... that you may be garnished up to that amount a month.
2007-01-11 08:30:54 · answer #10 · answered by Anonymous · 0⤊ 0⤋