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question about judgments


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i am trying to help my sister. she has a current judgment with Lanier Collection Agency. They told her they had a garnishment and that she had to pay 25% of her income to them. When she explained that she is a single mom of two, only making $9 an hour and working 36 hours a week, they insisted that she pay $216 a month or they'd go after the full 25%. She has been paying them the $216, but she is struggling on that! She even bounced the last check to them.

Is there anything that can be done to lower that monthly amount that she has to pay?

I really appreciate any tips on this - i've never dealt with a judgment.

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Yes, there is plenty she can do. First of all, she can appeal ANY garnishment action. If she can prove to a judge that 25% loss of her pay would cause a severe hardship, she can probably get the amount reduced by a judge. Some states allow you to may payments thru the court in lieu of garnishment.

Secondly, if her income isn't above a certain level, they can't garnish her wages at all !

What state are you in ??

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Ladynred,

thank you so much for the info! That is great news! We are in Georgia. I think the CA really intimidated her into paying that much. I would think with her being a single mom, working only 36 hours AND going to nursing school, she wouldnt have to pay that much!

What do you think the best plan of action would be to get it in front of a judge to get it lowered?

shannon

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If they are not currently garnishing her wages, and just paying them, then STOP paying them. They will likely go the wage garnishment route after that and once they do that, she can make her appeals.

If she can do it, consulting with a lawyer on garnishment in GA would be a good idea before she stops paying though.

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