Can a garnishment be stopped due to a financial hardship when the wages are garnished?

Question

A SINGLE PARENT OF THREE AND A CREDITOR WANTS TO GARNISH MY WAGES FOR A REPOSSED CAR

Answer 1

I don't think your wages can be garnished for a car.

Taxes and child support, that is about it.

They are just making threats.

Answer 2

If they sue you, serve you with the civil summons, file all the proper paperwork, get a court date and win the case,
Then they will have a judgement for a specific amount of money.
Then they wait 30 days (For the appeal period to expire)
Next they take the judgement, and pay a fee to file a Writ of execution, which allows them to attempt to collect the money plus the writ fee and also adds the legal interest rate 10%
Then they take the judgement and the writ to the court service sheriffs where they pay another fee to forcibly collect the money.
There is a variety of methods;
Bank accounts, they must specify an account number or a branch location.
Keeper, for a cash based business they would take proceeds for the day or week (The IRS does this)
...
Garnish your wages, take 25% of your disposable income.
Each method has a a "Notification" period of at least 21 days.
You can modify the garnishment order (down to $0) by reading the order, and going to the court clerk and filing an Income and Expense sheet.
Fill out the form so that at the end you have $0 to spare.
The garnishment order is good for 100 days and the writ is good for 180 days
Then they just have to pay the fees again.
and the Judgement is good for 10 years.

The bully creditor knows all this and is hoping that you do not.
Your answer to the bully creditor is "Do what you have to do"
DO NOT make any promises
DO NOT tell them to call back later.
Just say "I can't pay you right now." and "Do what you have to do."

I'm in Los Angeles County, California but the basic system is same nationwide

Answer 3

Unfortunately, garnishment can only happen after a court decides the case. After that, any judgments in favor of your hardship case will only affect future court decisions.

Garnishments can only take up to 25% of your wages, and can only be served 1 at a time. Meaning that if you have, say 3 garnishment judgments against you, 2 of them have to wait until the first one is paid off in full before the others take effect.

HOWEVER, reading your question again, you said that a creditor WANTS to garnish your wages. My question to you is: Has he won a judgment from the court to do just that, or has that yet to be decided? If it's the latter, then you can fight it in court.

Answer 4

The only way a creditor can gain a garnishment is through a process in court. They must first provide proper documentation of the debt and if the judge agrees, and subsequently hands down a judgement against you, then they can file the garnishment with your employer. The employer is then bound by court order to collect the payments and submit them to the court. The court then pays the creditor.
If you receive a notice of hearing, DO NOT miss the hearing. If you do, the court will more than likely rule against you without delay. You must be present in order to provide a defense.
This is not a criminal hearing. But, if you don't show proof of hardship, you will likely end up paying it.
The good news is, most creditors will not persue a debt they do not feel reasonably sure they can get.

Answer 5

First, let me just say that I completely understand. My fiance had a stroke and his got garnished from his last landlord. Even though you have fell on hard times, Yes the can garnish your wages. My opinion, even though it doesn't seem like the best, file bankruptcy. This will settle your debts and stop all garnishments. Go to a Federal court and speak with the Bankruptcy Court. Trust me, I understand that this really sucks. When my fiance had a stroke, I really didn't want to do this to his credit, but he had no choice. Think of your three children and make the decision that's right for you.
Normally they garnish a bank account, not your wages. Switch banks... I hope this helps... good luck, you will be in my prayers.

Answer 6

A garnishment is a result of a court judgment. The garnishment of course cannot happen if you're not employed and earning money. So if your ARE employed and earning money, then you are subject to a portion of your wages being taken out for the debt. Your recourse is to settle the debt. You won't make it go away by complaining of hardship. That's something that should be taken up with the court when the creditor brought you before the court, or tried to bring you before the court.

Answer 7

Anything a collection agency tells you they WILL do is probably a LIE. Until they actually sue, they can't garnish anything. If they win a judgment, they still need the courts permission to garnish wages. The court will decide if and how mush they can garnish.

Answer 8

They CAN be garnished for a repo d car... it is happening to me right now. $700 a month is being taken from my paychecks a month. I have been told to go to the court and file a hardship (I am currently the sole provider and will be going on maternity leave in 3 weeks) So yes, it can happen and if your income is sufficient to cover your bills and pay the garnishment then they will continue with it. Other option is BK- but you also have to be 100% up to date with your taxes to file BK- just a heads up! Good luck!!

Answer 9

I can not meet my bills I am only a crossing guard I don't get a big income from a pension besides and am behind in my mortgage payments and other loans the creditor sent me a judgement to appear in court I sent a notorizes hardaship letter what should I do

Answer 10

they cannot garnish for a repo, only the Federal Goverment can levy accounts ( accounts are levied for the amount, wages are garnished ), that's typical over the line talk from a creditor and is illegal, you can sue for threats like that. All he can get is a default judgement and a lien. But he cannot garnish your wages.