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debt collector going to garnesh wages, how do you stop them if you do not have the money?

2007-04-19 19:39:15 · 5 answers · asked by chris k 1 in Business & Finance Other - Business & Finance

5 answers

You don't.

Garnishment can only happen by court order, and you can't overrule a court.

You get rid of it by paying the debt. (In the US, garnishment can only take up to 40% of your take-home pay for regular debts, and up to 50% for child support.)

2007-04-19 19:42:21 · answer #1 · answered by Anonymous · 0 2

1. Talk to the debt collector. Try to settle it out. If that went well, you could be paying only half or less of what you owe.

2. Consolidation - It might help you arrange for monthly payment that you could afford.
Some say it messes up your credit record, but garnishment messes it up anyways, your choice.

3. You'll have to provide a proof of hardships to the court.

If your income is a lot, chances are, they will still be able to take some part of that even if you say you need it.

As for garnishment, a long time ago I learned that:

1. They could only take maximum of 25% of your income AFTER all deductions(Taxes, Med, etc.)

2. There are limitation to that. If your income is below some.., sorry, don't remember how much, they cant take it.
Check it with your local court or library(laws section).

3. Your employer can not fire you if you only have one garnishment.

4. If you lose your job, they have to stop garnishment until after one year from the day you started working again.

So, try to do some calculation. Find out more about the solution.
See which solution will benefit you(pay less or affordable).

Remember, eventually you'll have to pay(all or part of), unless you disappear for 7 years.

Even doing bankruptcy may not remove it nowaday.

2007-04-19 20:04:05 · answer #2 · answered by Tenny S 4 · 1 0

I agree with Johnnie5
And Tenny S made some very good points also.

Did they not have an asset hearing?
If so, did you fail to go?
If you failed to go, you probably are stuck with the garnishment ruling.

If there was no asset hearing, and if it is truly a hardship, try to get a hearing with the judge.

A hardship is having no money for food, rent/mortgage, utilities, etc. (generally just the basics in life)
Not having money for cable tv, cell phones, internet services, etc. is not a hardship and if luxury/frivolous items are brought up, it would probably only anger the judge.

If you can prove that it is a hardship, the judge may either allow the garnishment to be waived until you are able to afford it or reduce the amount.

If the bank account seizure may create a hardship, it would cause your rent/mortgage, utility, etc., payment to bounce and you cannot replace the funds to cover it, the judge may require the funds be replaced.

As Johnnie5 said, have all paperwork proving that it is a hardship - if you have no paperwork (proof of how much it costs for you to live on) it would only waste yours and the judges time

2007-04-19 23:27:31 · answer #3 · answered by echo 7 · 1 0

I don't think you can legally get out of paying (unless of course you quit), but if you take it to court and prove to the judge that you cannot afford the amount they are garnishing from your checks then wouldn't they have to make an adjustment that wouldn't cause you to go more into debt by not having enough money to pay your current expenses?

I would call your local courthouse and ask what the process is for getting a hearing. But make sure you have ALL the information/documents/bills/etc..you need to prove your case.

2007-04-19 19:47:54 · answer #4 · answered by Johnnie5 3 · 2 0

Legally there is no way to stop them as it is a court ordered declaration. Try going to a welfare organisation to speak with a budget counsellor. They may be able to advocate on your behalf and work out some contract, whereby you pay a set amount per week, via a periodic payment deduction plan, which means they get their money, before you get yours each week...

2007-04-19 19:46:22 · answer #5 · answered by mark2zephyr 3 · 0 0

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