Can creditors garnish my wages if I already cannot support myself? How? 12 Answers as of May 12, 2015

My creditors are threatened wage garnishment, but I can barely get by on what I am making now, thus the inability to pay off my debts. I make minimum wage. Can they garnish my wages? I think I will have to apply for bankruptcy if they can.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Sorry for the delay in answering, I missed this one (I get over 100 emails a day). Most state courts have forms you can file to drastically reduce garnishments. The important thing here is that they must have a judgement first. If they don't have a judgement the communication threatening you with a garnishment might violate the "Fair Debt Collection Practices Act". Of course bankruptcy is an option. You might find a lawyer at nacba.org. See the attachment.
Answer Applies to: California
Replied: 5/12/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
In Colorado, if you earn more than 30 hrs per week X minimum wage, they can garnish 25% of your net take home pay (this assumes there are no child support wage assignments). If you earn less than this amount, they can not garnish your wages. Hope this helps!
Answer Applies to: Colorado
Replied: 5/12/2015
Stephens Gourley & Bywater | David A. Stephens
If a creditor has a judgment they can garnish your wages. In Nevada the only limit is you have to make a certain hourly wage, (around $9.00 per hour), to be garnished.
Answer Applies to: Nevada
Replied: 5/12/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
yes creditors can always garnish your wages wages but they can only garnish a certain percentage of it so that's the problem you may have to contact a bankruptcy attorney.
Answer Applies to: Michigan
Replied: 5/11/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Unless you make at least minimum wage for 50 hours a week, your pay cannot be garnished by a judgment creditor. Which begs the question, do any of these creditors have a court judgment?
Answer Applies to: Nevada
Replied: 5/11/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If they are debt collectors and they are threatening you then you should call us. You may have a harassment lawsuit for which you can collect money damages and they pay your legal fees. But to answer your question they can take 10% of your gross income per month if they have already sued you and have a judgment.
    Answer Applies to: New York
    Replied: 5/11/2015
    Law Office of Joshua R.I. Cohen
    Law Office of Joshua R.I. Cohen | Joshua Cohen
    If they sue and win, yes.
    Answer Applies to: Connecticut
    Replied: 5/11/2015
    Novakov & Associates, PLLC
    Novakov & Associates, PLLC | LINDA S. NOVAKOV
    If the creditor has obtained a judgment, then yes, they can attach assets and garnish wages.
    Answer Applies to: Kentucky
    Replied: 5/11/2015
    Ronald K. Nims LLC | Ronald K. Nims
    There is an income limit on garnishments. You're allowed to keep 30 times the minimum wage each week. So unless you're getting a lot of overtime, if you're making the minimum wage, you're exempt from garnishment. Of course when you get a raise, your income will get higher and the garnishment will start hitting you.
    Answer Applies to: Ohio
    Replied: 5/11/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    Most states have laws limiting the amount of wages a creditor can garnish. In Oregon, there is a dollar amount of earnings required before they can even start garnishment. You should consult with a bankruptcy attorney to determine the law applicable to your situation and make your decision based on reliable information.
    Answer Applies to: Oregon
    Replied: 5/11/2015
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    There is an exemption for wages corresponding to the minimum wage.
    Answer Applies to: Illinois
    Replied: 5/8/2015
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