Jump to content

Help Stopping a wage garnishment.


Recommended Posts

For the past month 25 % of my income has been garnished. I have no problem with repaying any debt I owe, however I am not sure I understand how it is legal to cause financial hardship and MORE debt to satisfy one devilish debt.

About 3 years ago I was severed by sheriff on behalf of J hanna and associates who were suing me over a capital one CC debit. I called trying to work out something with them, and they basically wanted all or nothing which I didn't have.

I started receiving some letters in the mail monthly from my job that they were trying to garnish my wages but I wasn't making enough. I again tried calling them to see if it were possible to work something out. The amount they were hassling me for would have put me out of my means.

Last year I tired to work something out again, and I explained I had just come out of unemployment, I am only working part time and making $8.50 an hour. They pretty much said how soon can you send a money order or I need your banking information and we want this amount.

Now, me being full time. No prior warning at all 90 some odd dollars is being garnished from my pay check weekly. I make $10 an hour and with that and insurance I am only bringing home $225 a week. And i am filing exempt.

Is there anything I can do to get the amount reduced or stopped? My car note has now fallen behind and other bills. That is putting me at minimum wage, I am really stressed and depressed and don't know what to do.

the debt is only 1700 they have gotten 500 so far.. Oh and to make it even better I just got word that student loans are going to be debiting 15% .... Why work? seriously

My bills are as followed

Car-160

Car Insurance 150

Braces-100

Tkd-109

Gas 200

medical 50

phone 80

food 100

949

which leaves me 49 in the hole!

and that is just the basics!

Link to comment
Share on other sites

In GA there are very little in the way of exemptions. However the good news is that Student Loans take precedence and the maximum that their garnishment can take is 25% of total garnishments. So if the student loan garnishment is 15%, then the debt collector will only get 10%.

You may want to talk with an attorney, it does not sound like you have much grounds to challenge it, but you never know and most will provide a free consultation.

Link to comment
Share on other sites

Not much you can do once they get the judgment. Generally speaking, 25% is what they can take. However, other debts will get pushed to the front of the line and they can't take more than 25%.

Have you thought about loading up your check with deductions that go to other things, lik a 401K or flex spending account. This is not BK so you have options.

The reason they don't care is because they don't have to care. They got the judgement so they have no motive to work with you. It sucks, but that is the way it is.

Link to comment
Share on other sites

First off, Benvenuto :)++

Next, I'm sure others with chime in with their opinion and ideas, but I'm wondering.... are you sure it's ONLY $1,700?? It might have been that 3 years ago when they got the judgement, but if they are charging interest (as allowed) on the debt, what you owe them might be substancially more now!

As for student loans, apply for a hardship forebarance or to have them calculate the payments based on your income.

And have you considered a job that pays you in such a way that there is nothing to garnish?

EDITED TO ADD: Sheesh! They typed faster than me!! LOL

Link to comment
Share on other sites

Not much you can do once they get the judgment. Generally speaking, 25% is what they can take. However, other debts will get pushed to the front of the line and they can't take more than 25%.

Have you thought about loading up your check with deductions that go to other things, lik a 401K or flex spending account. This is not BK so you have options.

The reason they don't care is because they don't have to care. They got the judgement so they have no motive to work with you. It sucks, but that is the way it is.

how can i do this, and how does this help... will i still have access to those funds? or should i send over 25% that way... they get nothing?

Link to comment
Share on other sites

how can i do this

You for sure have to be creative. Hint, Hint, there are certain accounts that you can direct your whole check to. They are taking 25% of your TAKE HOME pay. ;)

and how does this help

Simple math. If they are taking 25% of your take home pay, if your take home pay is reduced, the amount they get is reduced. The very worst you slow the bleeding down, even if you end up paying it all back.

will i still have access to those funds?

If you play your cards right and are creative.

Link to comment
Share on other sites

You for sure have to be creative. Hint, Hint, there are certain accounts that you can direct your whole check to. They are taking 25% of your TAKE HOME pay. ;)

Simple math. If they are taking 25% of your take home pay, if your take home pay is reduced, the amount they get is reduced. The very worst you slow the bleeding down, even if you end up paying it all back.

If you play your cards right and are creative.

in the state of ga my "gross income has to be x amount before wages can be garnished"

what is that amount...?

Link to comment
Share on other sites

Have you thought about loading up your check with deductions that go to other things, lik a 401K or flex spending account. This is not BK so you have options.

This is Georgia, any deductions that are not mandated by Law or Regulation is included within the net income amount. So even if you put money into a 401K, it is still used in the disposable income calculation.

Link to comment
Share on other sites

This is Georgia, any deductions that are not mandated by Law or Regulation is included within the net income amount. So even if you put money into a 401K, it is still used in the disposable income calculation.

is there a claim of exemption or something i could file on my own with out a lawyer to either stop or reduce this for a period of time. i am vastly incurring more debt to satisfy one debt is beyond reason

Link to comment
Share on other sites

;)

That would be an illegal payment arrangement with the employer. Any JDB who suddenly sees his funds cut off may just decide to have somebody follow you around. They see you working every day, "under the table," and now you have felony problems with IRS and so does the employer. Always think like the enemy, and some of the things you contemplate doing suddenly won't look so good.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.