Can we stop or change the amount of wage garnishment? 18 Answers as of July 25, 2013

My husband was just notified yesterday of garnishment. The amount they want to take out is 25% of his paycheck. If we pay this much, we will lose our home. What can we do?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
You can contact the plaintiff and see if you can work out a deal whereby you enter into a voluntary pmt plan in exchange for a release of the garnishment.
Answer Applies to: Washington
Replied: 6/30/2011
The Northwest Debt Relief Law Firm
The Northwest Debt Relief Law Firm | Thomas A McAvity
A bankruptcy filing will eliminate the creditor's ability to continue garnishing you.
Answer Applies to: Oregon
Replied: 6/28/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Perhaps, it will depend on who has begun the garnishment. There may be forms to file that can adjust this, if there is a Court action you may ado the Court to alter those amount, or you may be able to enter into an agreement to repay at an amount that will work for you. You could also consider speaking with an attorney to discuss filing a Bankruptcy to resolve this issue depending on who you creditor is.
Answer Applies to: New Hampshire
Replied: 6/28/2011
Jackson White, PC
Jackson White, PC | Spencer Hale
You can, but you need to request a hearing to do so.
Answer Applies to: Arizona
Replied: 7/10/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can ask for a reduction in the state court by filling out the "claim of exemption" forms that should have come with your notice of the garnishment, or you can consult with a bankruptcy lawyer (now, as in right away) to see if a bankruptcy is a good option for you. A bankruptcy will stop the garnishment right away.
Answer Applies to: California
Replied: 6/27/2011
    Breckenridge and Walton
    Breckenridge and Walton | Alan D. Walton
    25% is the standard amount for garnishments. You can ask the court that issued the garnishment to set up a payment plan which is less than the 25% of wages. The creditor may object, especially if it will take more than 4 or 5 years to pay off the judgment with your proposed payment. If you file bankruptcy, you may eliminate the debt altogether, AND you may be able to recover garnished wages taken in the 90 days before filing.
    Answer Applies to: Michigan
    Replied: 6/27/2011
    Evan M. Altman Attorney at Law
    Evan M. Altman Attorney at Law | Evan M. Altman
    Call me we can file CH 13.
    Answer Applies to: Georgia
    Replied: 6/27/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    You could offer to make payments you could afford, but the creditor has no motivation to accept. You could file bankruptcy before the return date and the the funds returned to you and the debt discharged.
    Answer Applies to: Virginia
    Replied: 6/27/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    The only way to stop the garnishment is to either work out something with the creditor in the way of a payment plan agreeement or file for bankruptcy relief.
    Answer Applies to: Indiana
    Replied: 6/27/2011
    Badgley Law Group
    Badgley Law Group | Jeffrey Badgley
    Filing for bankruptcy stops all wage garnishments. Depending on the nature of the judgment that is the basis for the garnishment, you may be able to permenantly discharge the judgment. You should consult with a bankruptcy lawyer immediately.
    Answer Applies to: Florida
    Replied: 6/27/2011
    Cartwright Law Firm
    Cartwright Law Firm | Andrea Cartwight
    The garnishment by law is 25% of your net pay. However, there are two options: You can apply for a Petition for Installment Payments or file for bankruptcy protection. The filing of a bankruptcy will terminate any garnishment or cease any and all collection activity.
    Answer Applies to: Michigan
    Replied: 6/27/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    Generally, if a creditor gets in a position to garnish, they will garnish until the debt is paid in full. If you state has a maximum of 25% of wages limitation, they can take no more, but that will likely leave you in tough financial times. You may ask a creditor to do a reduced payment, but that rarely if ever happens. bankruptcy will stop a garnishment immediately upon filing.
    Answer Applies to: Oregon
    Replied: 6/27/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    A wage garnishment can be reduced from 25% to an amount between 0% and 25%. The procedure is to file a claim of exemption which includes expenses for necessities such as food, shelter, medical, etc. Another idea is to contact the judgment creditor to work our an agreement.
    Answer Applies to: California
    Replied: 6/27/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    You may want to speak with a bankruptcy attorney. A bankruptcy filing will put a stop to the garnishment. Alternatively, you might contact the attorney who obtained the judgment and see if you can negotiate different terms. Sometimes a creditor will work with you so that you won't file bankruptcy. However, without an agreement or a bankruptcy filing, the garnishment will be 25% of your take-home pay. That is what the creditor is entitled to.
    Answer Applies to: Colorado
    Replied: 7/25/2013
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    The wages are being garnished because you were sued and you didn't do anything about. At this point you have 2 options. 1. Pay the debt in full. 2. File bankruptcy. If you don't do either the creditor is allowed to continue taking 25% of the net income until the judgment is paid in full.
    Answer Applies to: California
    Replied: 6/27/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    A garnishment does not happen until after you lose a suit. The percentage taken generally is set by law. You can't just change it. Generally, if you wish to stop a garnishment, you need to file bankruptcy. If you file quickly you might even get some money back. Find out if you qualify to file (and if you should).
    Answer Applies to: Georgia
    Replied: 6/27/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Filing bankruptcy will stop any garnishments as long as notice is provided to your employer before your next pay period.
    Answer Applies to: Washington
    Replied: 6/27/2011
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