I was just wondering if you have your wages garnished can that be undone or are you stuck with it until its paid off. My friend said hers was undone. I was just wondering if that was possible?
2007-01-30 14:47:38 · 14 answers · asked by Anonymous in Business & Finance ➔ Credit
Yes if it was done without due process or by fraudulent process it can be undone. Garnishment requires a court judgment. If that judgment was unjust or fraudulent in some way it can be appealed and reversed
2007-01-30 14:50:14 · answer #1 · answered by walter_b_marvin 5 · 0⤊ 1⤋
Ok the main thing is how long it was. If it was recent then a lawsuit could be filed quickly, then once that win that suit they get a judgment. After that then they garnish wages. It is a very complicated process. They will have to invest lots of time and money to even see if it is worth suing you. Lets say you have a job making 50k, house with equity, if you don't have other debts, other assets. Then they will be more likely to file a suit. Now lets say you make 30k, rent, pay child support, have debt up to your chin they will not waste there time. The reason why is they will have to pay a lawyer out of there own pocket 1-2k extra and if you go bankrupt they just lost that money. IF they win and you have assets etc. they will add there attorneys fees. If you have 2k settle on that and be done with it, even threaten bankruptcy. good luck.
2016-03-28 21:44:19 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Each state has different laws that apply to garnished wages. You'll have to do some research yourself on this.
Basic law states that the person you owe money to received permission from the court to have your wages garnished. You need to go to the court to reverse this, but what will be your defense? You need to come up with a reason why money should not be taken from your paycheck.
The judge will ask you a plain and simple question - did you owe the money and why didn't you pay them back. If you don't have a good excuse, you'll be stuck with paying this back.
Good luck.
Greg
2007-01-30 16:43:47 · answer #3 · answered by Greg K 3 · 0⤊ 0⤋
You can approach the company or governmental department if it is a debt and try to work out a payment schedule and you make direct payment instead of a garnishment.
If it is child support you need to go to court and see if they will lift the garnishment.
Garnishment are placed when you default on payments and refused to pay by standard pay methods.
If you have a history of defaulting on your payments it may be more difficult in reversing the judgment
2007-01-30 15:29:26 · answer #4 · answered by Anonymous · 0⤊ 0⤋
not that I have heard of. My ex had all his governemt checks and such garnished.. he even had his drivers license taken away! He spent tons on lawyer fees to wiggle out of it... and he is not payig anything now, and my account with Maintence Enforecemetn got closed even though he owed me.. He only got out of it by getting a different court oder and I thinking paying off my lawyer.. cause suddenly everything was dropped and never went to court and I never concented.. my lawyer just told me! Whatever, I got the kid. He claims he is injured and no longer working... but I have my baby, it is just money.. I don't plan on fighting it
2007-01-30 14:53:43 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes, but only if you make payment arrangements, or pay it in full...I know that sounds idiotic to pay it in full, they would not have garnished the pay, if you were able to pay it in full. Anyway, it is also a per case situation, because they usually try to work with you prior to garnishment, they make endless attempts....so, it is possible.
2007-01-30 14:53:28 · answer #6 · answered by CHUMBA 2 · 0⤊ 0⤋
there's a reason why creditor's garnish your wage's ,because you refused to pay,there's way's to get undone with a lawyer.
2007-01-30 14:53:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋
it's possible, but not probable.
You have to prove that you have paid the debt or get a judgement to delay the garnishment or reduce the amount. Not easily done.
2007-01-30 14:52:18 · answer #8 · answered by ValleyR 7 · 0⤊ 0⤋
I believe this website has some useful information for you check it out. Hope this helps
2007-01-30 14:55:47 · answer #9 · answered by Jessica B 3 · 0⤊ 0⤋
at a rate of 25% of their pay or pay off the debt in full
2007-01-30 14:52:13 · answer #10 · answered by ? 7 · 0⤊ 1⤋