One way to have the garnishment removed from your paycheck would be to file for chapter 7 bankruptcy or a chapter 13 bankruptcy depending on your particular financial situation. Once a court has determined that you have the ability to pay a certain amount and they allow the credit card company to start garnishing your pay, the best course of action would be filing bankruptcy to remove the debt and any other outstanding credit card debt you may have. You may be able to fight this in court, but if you had the money from attorney you would also have the money to pay off the credit card, so I'm assuming that money is an issue and that being the case chapter 7 bankruptcy would most likely be the best method to help you with your particular situation.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
Answered on Apr 24th, 2014 at 1:58 PM