QUESTION
Can a creditor garnish my wages if I am barely making enough to live off of?
Asked on Oct 27th, 2011 on Bankruptcy - Colorado
More details to this question:
If a creditor has a judgement against me, and I am a single mother with 3 children making less than $1600 a month, can they still garnish my wages? If they do it will more than likely put me on the streets.
19 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Unfortunately, Yes.
Answered on Jun 02nd, 2013 at 10:41 PM
Consumer Bankruptcy Attorney serving Worcester, MA
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Law Offices of James Wingfield
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Yes. The amount that can be garnished from your wages outside of bankruptcy is dictated by Massachusetts Law. The creditor can take up to 15% of your gross wages assuming they have a proper judgment and execution. A bankruptcy will stop the garnishment, however.
Answered on Nov 02nd, 2011 at 11:26 AM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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You have certain exemptions in SC that may very well protect what you have. If your paycheck is written in SC, then your wages CAN'T be garnished.
Answered on Nov 02nd, 2011 at 11:25 AM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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They have to leave you at least 40 times the minimum wage each week. Anything over that amount they can take 25% of your take-home pay. Bankruptcy will stop wage garnishment.
Answered on Nov 01st, 2011 at 9:39 PM
Debtor's Rights Attorney serving Atlanta, GA
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Theodore N. Stapleton, P.C.
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Yes they can garnish up to 25% of income after required deductions limited to 25% of excess over minimum wage X30.
Answered on Oct 31st, 2011 at 6:06 PM
2 Awards
Even at your income level they can still garnish 25% of your wages to pay a judgment.
Answered on Oct 31st, 2011 at 4:36 PM
If garnishing your wages could potentially put you out on the streets, it may be best to file for bankruptcy, to erase the debt and other current debts you have. The judgment entitles the creditor to a percentage of your earnings, without full consideration of your living expenses. In your case, a Chapter 7 Bankruptcy filing may be the best choice to avoid serious financial issues.
Answered on Oct 31st, 2011 at 3:44 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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Yes they can garnish up to 25% of your wages for the pay period.
Answered on Oct 31st, 2011 at 3:05 PM
Yes, a garnishment is a garnishment irrespective of means.
Answered on Oct 31st, 2011 at 1:37 PM
Glen Edward Ashman
Yes they can. See a bankruptcy lawyer to possibly stop the garnishment.
Answered on Oct 31st, 2011 at 12:27 PM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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They can take 25% of your wages.
Answered on Oct 28th, 2011 at 7:34 PM
Bankruptcy & Debt Attorney serving Jackson Heights, NY
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Ruiz Law Group PC
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A creditor can garnish your wages but not to put you below the poverty income level.
Answered on Oct 28th, 2011 at 6:19 PM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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Yes, In Colorado a creditor may garnish 25% of your gross wages less certain deductions.
Answered on Oct 28th, 2011 at 5:32 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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A judgment creditor can garnish 25% of your wages. However, there is a procedure to claim your entire income exempt due to being required for necessities. These forms are available from the court clerk's office.
Answered on Oct 28th, 2011 at 5:27 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Yes. The creditor submits the paperwork and you may submit a claim of exemption based on your need for the funds. The creditor gives you the exemption form when you get the notice of garnishment. With that said, you may not get the exemption if you don't fill out the forms properly and follow the instructions faithfully. In light of that, you may want to consider a bankruptcy filing to put an end to that once and for all.
Answered on Oct 28th, 2011 at 4:58 PM
Bankruptcy Chapter 11 Attorney serving Dacula, GA
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Chronister Law Firm, LLC
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Creditors are permitted to collect 25% of your after tax wages; with very little concern of your personal or financial situation. You may want to consider filing bankruptcy.
Answered on Oct 28th, 2011 at 4:57 PM
Spencer Hale
A Creditor can garnish your wages, no matter how little you make. You could take them to court to reduce the amount they garnish, but they can still garnish. You should consider negotiating with them or declaring bankruptcy.
Answered on Oct 28th, 2011 at 4:41 PM
Chapter 7 Bankruptcy Attorney serving Huntington Beach, CA
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Law Offices of Robert Parkinson Taylor
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It might be time to file Bankruptcy. That aside, they can only take 25% of your take home pay. When you/your employer receives the garnishment, you can file a claim of exemption with the court and get a judge to reduce the amount they're taking. I'm not up on the procedures, but information about the process should be included with the garnishment papers served on your employer.
Answered on Oct 28th, 2011 at 4:41 PM
Yes they can garnish 25% of your paycheck. You should look at filing a bankruptcy. If you can't afford an attorney, call Colorado Legal Services and see if you qualify.
Answered on Oct 28th, 2011 at 4:40 PM