If a past landlord has your paycheck garnished can you ever get the amount taken from each check reduced?

Question

I was served with an eviction notice, went to court, moved out before the allotted 5 days was up and now the landlord is garnishing my paycheck for the past due amount. This is taking 1/3 of my paycheck. Is is possible to have this amount reduced so that not such a huge chunk is taken out of each check each time, thus causing me to get behind again on all my bills?

Answer 1

The answer is, it depends. Laws like this typically vary state to state, although 33% is a huge number.

To give you an example, in ohio, garnishment is typically maxed at 17%. But the idea of getting the whole garnishment reversed is likely little to none.

Even tho you moved out within the allotted time, the court (most likely) also awarded the landlord damages at the same time, so it is probable that you have been sued in this same action, and the landlord won. Also, with that said, you can not typically retrieve money that has already been garnished.

For example, you are being garnished 33% but you agree to 20%, you can not usually get back the 13% that they have taken out up to that time. But you can check the law in your state and see what can be garnished, and you can petition the court that heard the claim to reduce the amount of the garnishment currently being taken.

Courts are usuall pretty understanding about these things. You should be able to call the court yourself for information, since that court is where the garnishment typically started anyway.

Answer 2

The time to get the amount reduced is when the landlord filed the court case for the garnishment. Did you respond to that summons and provide the documentary evidence of your income and expenses? If you didn't, you've pretty much screwed yourself as the court will assume that you have no deductible expenses (living with family, etc.) and will set the garnishment at the maximum amount allowed by state law.

Your only recourse at this point is to petition the court to lower the garnishment. If you DID appear at the garnishment hearning you may have a shot. But if you did NOT appear at the garnishment hearning, don't expect the court to have any compassion since you've already thumbed your nose at them.

Answer 3

You pronounced, "She took us to courtroom for a money judgment, and have been given it whether it replaced into an unlawful apartment and in replaced into in terrible condition." There you pass, she have been given the money judgment against you. as quickly as she had that, she will legally garnish your husband's wages to convey at the same time on that judgment.