Can creditors garnish my wages if I already cannot support myself? 5 Answers as of November 22, 2010

My creditors say wage garnishment, but I can barely get by on what I am making now WITH my debts. I make minimum wage. Can they garnish my wages? I think I will have to apply for bankruptcy if they can.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
George Hoselton Bankruptcy Attorney
George Hoselton Bankruptcy Attorney | George Hoselton
Yes. Your wages can be garnished regardless of your ability to pay your bills and the garnishment.
Answer Applies to: Oregon
Replied: 11/22/2010
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Yes, they can. Bankruptcy will stop any wage garnishment.
Answer Applies to: California
Replied: 11/19/2010
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
What creditors can do depends on the laws of whatever state you were sued in. Usually if garnishing your wages would leave you unable to meet necessary living expenses, the judge will either reduce or eliminate the garnishment.
Answer Applies to: California
Replied: 11/19/2010
Royzman Law Firm
Royzman Law Firm | Natella Royzman
There are legal limitations to the amount of wages that can be garnished, including exemptions for amounts necessary for the support of you and your family. You will need to file a timely claim of exemption with the court and/or levying officer to stop the wage garnishment. You can find a form Claim of Exemption online on the California Courts Self Help Center, but be careful to follow all the procedural rules and fill out the form correctly. You can also contact an attorney to help make sure that you keep all that you are entitled to.
Answer Applies to: California
Replied: 11/19/2010
Sussman & Associates
Sussman & Associates | Mitchell Sussman
They can always garnish, the only question is how much will you have to pay them.
Answer Applies to: California
Replied: 11/19/2010
Click to View More Answers: