Can creditors garnish my wages if I already cannot support myself? 5 Answers as of November 15, 2010

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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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
To garnishee your wages, a creditor has to first sue you and get a judgment against you. Even when your wages are small, your creditors can take part of them with a wage garnishment. The good news is that filing bankruptcy will stop any wage garnishment.
Answer Applies to: California
Replied: 11/15/2010
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
Wages can be garnished by a creditor once they have a judgment issued from a judge in a court of law. That means, the Creditor must sue you first.
Answer Applies to: California
Replied: 11/14/2010
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
That depends on the laws of the state were you live. If garnishing your wages would leave you unable to meet your ordinary living expenses, you can usually apply to the court for an exemption. This is a state law issue; not bankruptcy.
Answer Applies to: California
Replied: 11/13/2010
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
The law allows a wage earner to keep a base line of their wages. If you only make minimum wage, then you are not subject to garnishment.
Answer Applies to: South Dakota
Replied: 11/13/2010
Builders Law Group
Builders Law Group | Nick Campbell
In California, a wage garnishment can be up to 25% of your wages but only if that 25% exceeds the cost of your basic living necessities. However, the burden will generally be upon you to go into court and demonstrate that you cannot meet your basic living necessities with all or part of the wage garnishment. This is accomplished by filing a Claim of Exemption. Your state may have different rules.
Answer Applies to: California
Replied: 11/12/2010
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