Can you help me stop the garnishment or lower it by filing the proper paper work?
I just received a garnishment for a car that was repossessed when I had a drop in income. I know am being garnished 25 percent of my salary, which will make paying my mortgage almost impossible. Can you help me stop the garnishment or lower it by filing the proper paper work, I would prefer to do this over a BK if possible, if this cannot be done can you point me to an attorney that can handle this for me?
Answered By: Mazyar Hedayat and Associates
Garnishments, citations, lawsuits and all other attempts to collect for you will automatically be stayed once a bankruptcy case is filed.
Answer Applies to: Illinois
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Illinois
Replied: 12/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Eranthe Law Firm
You need a claim of exemption and a financial statement. You should have been provided with instructions (form WG-003) with the Wage Garnishment notice. If you go to the Judicial Council Forms online it is the WG series. You may be able to qualify for a hardship exemption. If this is your only debt that would be preferable to filing for bankruptcy.
Answer Applies to: California
Replied: 12/14/2011
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Answer Applies to: California
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Katie M. Stone
A bankruptcy would stop your wage garnishment. I suggest you make an appointment with an attorney to discuss the different chapters of bankruptcy and how the process works.
Answer Applies to: Florida
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
Chapter 13 bankruptcy stops garnishment but otherwise, you cannot stop a garnishment if the judgment-creditor's debt is otherwise unsatisfied.
Answer Applies to: Indiana
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Indiana
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ross Smith, Attorney at Law
Here's your problem. 1. I'm guessing that you have no cash to offer up front. So what's in it for the garnishor? 2. You want to ask the garnishor to accept less than he is already taking by way of garnishment. Why should he take that? No motivation means no deal. You say that you are unwilling to file bankruptcy, butbankruptcy is the only threat that could make a creditor back off. If you file a bankruptcy, they will take nothing and may even have to give back what they have garnished. No one "wants" to file bankruptcy, but sometimes a bankruptcy is required by your duty to take care of your family and yourself.
Answer Applies to: Ohio
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Ohio
Replied: 12/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Kristy Qiu
Bankruptcy can stop garnishment right away.
Answer Applies to: Florida
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law office of Bill Rubendall
If wages are being garnished for a judgment there is a procedure to reduce the garnishment. This requires filing for an exemption claim.
Answer Applies to: California
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dan Wilson Bankruptcy
Unfortunately a creditor is entitled to garnish 25% of your after-tax income. You should seriously consider bankruptcy.
Answer Applies to: Colorado
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Darren Aronow, PC
You could stop the garnishment by getting the judgment removed, which would only be accomplished by going to court and proving this judgment should not be attached. That is usually difficult to prove and is usually a losing case. The bankruptcy is probably your best option before your financial situation gets worse.
Answer Applies to: New York
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Simon Goldenberg, PLLC
Settling an automobile deficiency while in garnishment may be possible depending on the creditors guidelines. Another option might be to contest the underlying judgment if you were not served properly and the judgment was entered within the past year.
Answer Applies to: New York
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Charles R. Nettles - Attorney at Law
In Texas, they can't garnish your income for debts.
Answer Applies to: Texas
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Jakob-Barnes Law Firm, LLC
A bankruptcy is usually the best option when a garnishment is in place. We firm handles both bankruptcies and debt negotiation. Most of the time when they have gotten to the garnishment phase, they are not willing to negotiate.
Answer Applies to: Georgia
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Joseph A. Mannis
If they're already garnishing you, it means they already received a judgment against you. So, that leaves you two options. One, pay them. Of course, you can't do that, or you probably would have, so the next best thing would be to see if they'll take some settlement. Seeing as how they've already gotten the judgment, you have no leverage, and when you offer them a settlement, even if you propose a lump sum payment at a lesser amount, at this point, they'll likely say why should we, we can just keep taking your wages and get the full amount. Which leads you to your only other option - Bankruptcy. Which doesn't sound so bad, since you're credit was already burned by the judgment.not sure how much there is to be gained by settling with them at this point, which isn't very likely anyway. Sorry to be the bearer of bad news, but you want the straight scoop.
Answer Applies to: California
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Moore Taylor & Thomas PA
We don't have wage garnishment in SC.
Answer Applies to: South Carolina
Replied: 12/12/2011
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Answer Applies to: South Carolina
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Gregory J. Wald, Attorney at Law
I can stop the garnishment for you and depending on the circumstances, I may be able to get some or all of the funds that were garnished back to you.
Answer Applies to: Minnesota
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Minnesota
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Robert Sisson
While I don't know all the details of your case, it would seem as if bankruptcy is the only way to stop the garnishment. Once your bankruptcy is filed in federal court, the garnishment can be halted.
Answer Applies to: Wisconsin
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Wisconsin
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Weber Law Firm, P.C.
The question does not make sense. Wages cannot be garnished in Texas for a car that was repossessed. In any event, a Ch. 7 bankruptcy should be able to completely eliminate the garnishment, and discharge the obligation to pay any portion of the debt, if you qualify to file; i.e. if you income is low enough to establish an inability to pay any portion of the debt.
Answer Applies to: Texas
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Heupel Law
Filing bankruptcy will stop the garnishment.
Answer Applies to: Colorado
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: A Fresh Start
The most effective way to stop a garnishment is to file Chapter 7 or Chapter 13 bankruptcy.
Answer Applies to: Illinois
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Illinois
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Guardian Law Group PLLC
Did you file the questionaire which preceded the garnishment? Your primary option is either a bankruptcy or contacting the garnishing party and try to work out a different payment arrangements. By law a party is legally able to garnish30 x minimum wage (weekly) up to 25 % of your income.
Answer Applies to: Utah
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Utah
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Clayton Law Offices
Filing for bankruptcy will stop this garnishment.
Answer Applies to: Massachusetts
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ashman Law Office
The only way to stop a garnishment of this type other than paying the debt is bankruptcy. You definitely need a lawyer.
Answer Applies to: Georgia
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Harkess and Salter, LLC
The only paperwork that will stop a garnishment is a bankruptcy filing. Your only non-bankruptcy alternative is to call the creditor's attorney and see if they would be willing to settle the debt.
Answer Applies to: Colorado
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 12/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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