QUESTION
Can we stop or change the amount of wage garnishment?
Asked on Jun 24th, 2011 on Bankruptcy - Washington
More details to this question:
My husband was just notified yesterday of garnishment. The amount they want to take out is 25% of his paycheck. If we pay this much, we will lose our home. What can we do?
10 ANSWERS
Spencer Hale
You can, but you need to request a hearing to do so.
Answered on Jul 10th, 2013 at 12:40 AM
25% is the standard amount for garnishments. You can ask the court that issued the garnishment to set up a payment plan which is less than the 25% of wages. The creditor may object, especially if it will take more than 4 or 5 years to pay off the judgment with your proposed payment. If you file bankruptcy, you may eliminate the debt altogether, AND you may be able to recover garnished wages taken in the 90 days before filing.
Answered on Jun 27th, 2011 at 4:57 PM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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You could offer to make payments you could afford, but the creditor has no motivation to accept. You could file bankruptcy before the return date and the the funds returned to you and the debt discharged.
Answered on Jun 27th, 2011 at 4:48 PM
3 Awards
Call me we can file CH 13.
Answered on Jun 27th, 2011 at 4:34 PM
The only way to stop the garnishment is to either work out something with the creditor in the way of a payment plan agreeement or file for bankruptcy relief.
Answered on Jun 27th, 2011 at 4:25 PM
Civil Trial Attorney serving Orlando, FL
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Badgley Law Group
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Filing for bankruptcy stops all wage garnishments. Depending on the nature of the judgment that is the basis for the garnishment, you may be able to permenantly discharge the judgment. You should consult with a bankruptcy lawyer immediately.
Answered on Jun 27th, 2011 at 3:46 PM
Chapter 13 Bankruptcy Attorney serving Beaverton, OR
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Law Offices of Alexzander C. J. Adams, PC
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Generally, if a creditor gets in a position to garnish, they will garnish until the debt is paid in full. If you state has a maximum of 25% of wages limitation, they can take no more, but that will likely leave you in tough financial times. You may ask a creditor to do a reduced payment, but that rarely if ever happens. bankruptcy will stop a garnishment immediately upon filing.
Answered on Jun 27th, 2011 at 3:18 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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A wage garnishment can be reduced from 25% to an amount between 0% and 25%. The procedure is to file a claim of exemption which includes expenses for necessities such as food, shelter, medical, etc. Another idea is to contact the judgment creditor to work our an agreement.
Answered on Jun 27th, 2011 at 3:14 PM
Glen Edward Ashman
A garnishment does not happen until after you lose a suit. The percentage taken generally is set by law. You can't just change it. Generally, if you wish to stop a garnishment, you need to file bankruptcy. If you file quickly you might even get some money back. Find out if you qualify to file (and if you should).
Answered on Jun 27th, 2011 at 3:08 PM
Bankruptcy Attorney serving Seattle, WA
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Symmes Law Group, PLLC
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Filing bankruptcy will stop any garnishments as long as notice is provided to your employer before your next pay period.
Answered on Jun 27th, 2011 at 3:07 PM