SuperproducerTS Posted June 13, 2013 Report Share Posted June 13, 2013 BB&T sent me papers a few months back and they are the original owner of the debt so I responded that the debt was mine but that I could not pay it all at once. The final judgement was entered and awarded to BB&T. I followed up with Weltman, W&R to see what we could do to arrange payments. They stated that the court date had been set and I received the order to appear. Tomorrow is the big day and I wanted to get some advice on what to expect and how to handle it. Is there any way to avoid garnishment? And how much can they take? Things are incredibly tight right now and I'm very concerned. Thanks! Link to comment Share on other sites More sharing options...
WhoCares1000 Posted June 13, 2013 Report Share Posted June 13, 2013 Yes, they can garnish your wages. How much they can take is based on IN law and I will let those people respond. Generally, the rule of thumb is about 10%. They will also ask about any bank accounts and other assets in search for something they can easily take to satisfy the debt. 1 Link to comment Share on other sites More sharing options...
shellieh98 Posted June 13, 2013 Report Share Posted June 13, 2013 They still might be likely to settle if you don't have much they could get when you go. If you could borrow a lump sum from a family member, offer them say 40 % or less, they might go for it. Once the judgement is in place it is harder to settle, but they do so they don't have to worry about people quitting their jobs, taking assesses etc. how much is it for? Link to comment Share on other sites More sharing options...
SuperproducerTS Posted June 13, 2013 Author Report Share Posted June 13, 2013 18k Link to comment Share on other sites More sharing options...
shellieh98 Posted June 13, 2013 Report Share Posted June 13, 2013 Ouch. Borrowing even part of that will be tough. See how much you can beg borrow or steal to pay them off in a settlement. If they garnish, it will be a long time that they have ahold of your check. My state they can take 35% of my disposable income. Your rules of civil procedure will tell you how much they can take from each check. Link to comment Share on other sites More sharing options...
Clydesmom Posted June 13, 2013 Report Share Posted June 13, 2013 Yes, they can garnish your wages. How much they can take is based on IN law and I will let those people respond. Generally, the rule of thumb is about 10%. They will also ask about any bank accounts and other assets in search for something they can easily take to satisfy the debt. How much they garnish depends greatly on the state involved. Some states allow up to 25% of wages to be garnished. Indiana is one of those states. Federal law places limits on wage garnishment amounts. While states are free to impose stricter limits, Indiana has not done so. That means the federal law governs in Indiana. Here are the rules:For any given workweek, creditors are allowed to garnish the lesser of:25% of your disposable earnings, orthe amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage.“Disposable earnings” are those wages left after your employer has made deductions required by law. Link to comment Share on other sites More sharing options...
SuperproducerTS Posted June 13, 2013 Author Report Share Posted June 13, 2013 Is it possible to negotiate that? If they take so much it's hard to meet other bills that might force bankruptcy which I've tried to avoid Link to comment Share on other sites More sharing options...
WhoCares1000 Posted June 13, 2013 Report Share Posted June 13, 2013 You might want to consider BK anyways if it is getting to the point where the rent or food will not be paid. There is really no way to negotiate a garnishment because they simply want their money and will take it any way they can. Link to comment Share on other sites More sharing options...
Spikey Posted June 13, 2013 Report Share Posted June 13, 2013 The only negotiation they're going to accept at this point is a lump sum settlement, probably for the entire amount. Link to comment Share on other sites More sharing options...
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