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Wages garnished- HELP!

Date: Fri, 05/20/2005 - 09:26

Submitted by anonymous
on Fri, 05/20/2005 - 09:26

Posts: 202330 Credits: [Donate]

Total Replies: 19

Wages garnished- HELP!


My husbands wages have just been garnished. When we went to court we pleaded with the lawyer of the collection agency not to take out so much...They are taking out 25 % of my husbands check...we have a brand new baby and can't afford it. The lawyer told us to call his main office and see if they would reduce the percentage. We called the office and the lady was very rude and said that the state requires them to take atleast 25% when doing a garnishment. Can someone please tell me if this is true and legal. It just seems like an awful lot to be taking out. We live in Indiana and if that is the law here... we are definately moving! If anyone can help please let me know....Thanks!


Hi c.jarman

Welcome to the forums. I will try to explain something over here. Wages are garnished after the Social security, Federal and State taxes have been deducted and the smallest amount of the two is taken into consideration.

Case 1: Suppose your take home pay is $200 a week. Then 25% of your wage will be garnished which will be equal to (25% of $200) = $50 OR

Case 2: 40 times of the Federal minimum wage which is 5.15$ per hour i.e. ($5.15 X 40) which is equal to $206. Subtracting $206 from your wage of $200 is $6.)

The smaller of the two amounts weekly will be garnished unless you have dependent deductions.

Since you said that a new child is born, the amount garnished from your wages can be reduced by $20 for each dependent family member living with you. To claim the dependent deduction, you must file the list of dependents within 10 days from the date you received the Garnishment summon. In that case, you must include your social security numbers. The creditors can deduct nothing from your remaining amount after deducting for dependents, if it is less than $10

Please let me know your feedback after you have taken necessary steps regarding this matter.

Thanks
Roxette


lrhall41

Submitted by roxette on Fri, 05/20/2005 - 13:43

( Posts: 4009 | Credits: )


Quote:

We called the office and the lady was very rude and said that the state requires them to take atleast 25% when doing a garnishment


She is WRONG! it is the EXACT oppisite..it is the AMx. they can garnish....they can agree on any amount up to that amount with you.


Quote:
roxette
PostPosted: Fri May 20, 2005 8:43 pm Post subject:
Hi c.jarman

Welcome to the forums. I will try to explain something over here. Wages are garnished after the Social security, Federal and State taxes have been deducted and the smallest amount of the two is taken into consideration.

Case 1: Suppose your take home pay is $200 a week. Then 25% of your wage will be garnished which will be equal to (25% of $200) = $50 OR

Case 2: 40 times of the Federal minimum wage which is 5.15$ per hour i.e. ($5.15 X 40) which is equal to $206. Subtracting $206 from your wage of $200 is $6.)

The smaller of the two amounts weekly will be garnished unless you have dependent deductions.

Since you said that a new child is born, the amount garnished from your wages can be reduced by $20 for each dependent family member living with you. To claim the dependent deduction, you must file the list of dependents within 10 days from the date you received the Garnishment summon. In that case, you must include your social security numbers. The creditors can deduct nothing from your remaining amount after deducting for dependents, if it is less than $10

Please let me know your feedback after you have taken necessary steps regarding this matter.

Thanks
Roxette


That is a VERy nice explanation roxette...I didnt even realize that was how it worked...that lit a light bulb for me.

JT


lrhall41

Submitted by jtucker on Sun, 05/22/2005 - 11:39

( Posts: 114 | Credits: )


Hi c.jarman

Your husbands wages has been garnished to the extent of 25% of the paycheck.
Let me explain you the rule of garnishment. Garnishment can only occur after the judgement is over. Garnishment also varies from state to state. Since you live in Indiana rule pertaining to that state in respect of garnishment has to be followed.

The rule is:

Suppose your husband use to receive $1500 per month.Then only 25% of $500 after all statutory deductions can be garnished. This amounts to $375 except that a single person cannot be left with less than $100 per month or pro rata for a shorter period.
And a person with dependents cannot be left with less than $200 per month or pro rata for a shorter period. However, where wages are garnished to pay maintenance or support for the debtors family, the exemptions allowed to that person is 50% of wages not exceeding $600 per month or 33.33% of wages exceeding $600 per month.
These exemptions must not be less than $100 per month. So you have to go through the rules and please register in this site as a member and I am sure the consultant will help you a lot in this matter.


Regards
Peter


lrhall41

Submitted by peter on Mon, 05/23/2005 - 03:34

( Posts: 285 | Credits: )


My husband and I live in Wisconsin. Can both of our wages be garnished at the same time for different debts?


lrhall41

Submitted by anonymous on Fri, 10/06/2006 - 11:51

( Posts: 202330 | Credits: )


my wages were being garnished, i wasnt married at the time, but then was layed off off work and i am now married and have a child on the way. can my husbands wages be garnished for my stuff???? please help


lrhall41

Submitted by anonymous on Fri, 10/24/2008 - 13:00

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on a debt you accrued before you were married?i highly doubt they can do that.


lrhall41

Submitted by paulmergel on Mon, 11/03/2008 - 05:41

( Posts: 15514 | Credits: )


my wages are beint garnished bi-weekly 231.00 if i get a 3rd check in the month can they take garnishment from that check also ?


lrhall41

Submitted by anonymous on Tue, 12/02/2008 - 07:41

( Posts: 202330 | Credits: )


My wages are being garnished for a hospital bill, they are taking over 25% of my wages (my take home is 1070.00 and they are taking $319.00 every paycheck, every two weeks.) I have called the law offices and they told me they have never even been asked to lower the percentage and they couldnt do it. I called the credit assoc. collecting the bill and they are just plain jerks and wont help me....asking rediculous questions like can I pay the whole amount (2400.00) off today...Is it legal for them to take that much? Who has $640.00 disposable income each month? I am not married, what if I couldnt afford my rent or car payment? Can they still do this???


lrhall41

Submitted by anonymous on Thu, 12/04/2008 - 14:43

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Janee--

what state do you live in? its possible that you are being garnished for more than your state allows, it is different in each state. Although, i do not believe that any state allows more than 25% of your take-home pay for garnishment, and what youre showing is more than that amount. Tell us the state you live in and we can go from there to try to help you.

also, did you go to court for this? A garnishment for hospital bills can only happen legally once they get a judgment against you for the debt. and even then, some states do not allow garnishments for these debts at all. so let us know what state you live in and we will help you research the laws there.


lrhall41

Submitted by skydivr7673 on Fri, 12/05/2008 - 11:18

( Posts: 2036 | Credits: )


My wife is 6 months pregnant with out first child. Her employer recieved a Garnishment Summons. And today she recieved one at home. The summons was issued 11-4-08 and in the corner of the summons is a hearing date & time of 4/9/09... She has been planning on filling for bankruptcy but things have been tight.

We're not really sure what all this means. But she does plan on filling for bankruptcy within 30 days from today. Will that take care of this Garnishment Summons? Or is it too late to do anything about that?


lrhall41

Submitted by anonymous on Thu, 12/18/2008 - 21:08

( Posts: 202330 | Credits: )


I work part-time as a school bus driver and make approx. 900.00 to 1000.00 a month. I am a single mother with 2 dependents. I am just getting by with rent, utilities and food stamps. I have been garnished for a hospital bill for surgery that occurred when I had no insurance. They take 400.00 a month from my wages. I live in GA. Is there anything I can do to help this situation?


lrhall41

Submitted by anonymous on Sun, 03/01/2009 - 11:55

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I'm in Indiana. I get paid every two weeks. I gross 950 after taxes and with the advanced eic I bring home 781 eow. I have one dependent college student. How much can they take from my check? I've read so many things on line that my head is starting to spin. Please help


lrhall41

Submitted by anonymous on Mon, 03/09/2009 - 16:32

( Posts: 202330 | Credits: )


Hi Janee!
I am in the same boat. A company is garnishing my check 25% every 2 weeks. I filed a motion with the court of Colorado to stop the garnishment but I still haven't heard an answer. I can't get through to the company in terms of the fact that I can't afford this and they treat me like jerks too. I don't know what to do. I don't know if debt collectors can help or what to do next or even what your course of action ended up being, but any advice would be great. Good luck to you and if anyone has advice please let me know!


lrhall41

Submitted by anonymous on Fri, 03/27/2009 - 20:47

( Posts: 202330 | Credits: )


I just got my first paycheck after coming back to work. My take home checks are usually $700-$750 semi monthly. This is the first time my wages have ever been garnished and they are taking $150!!! Do they care how many dependents you have? I am a single mom with 5 dependents and am barely making it on what I make, and having to pay a sitter! Any suggestions???


lrhall41

Submitted by anonymous on Wed, 07/29/2009 - 09:41

( Posts: 202330 | Credits: )


I work in Indiana my wages are being garnished by a former landlord, I make 8.16 an hour and work 24 hours a week. I have three children. The amount being taken is 86.16 bi weekly. Is there anything I can do? I can't afford to live on 250.00 every two weeks.


lrhall41

Submitted by anonymous on Mon, 08/10/2009 - 00:56

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My medical bill of roughly 350 went to collections, which is done by a law office, and now they want to garnish my wages for either 500 or 700 odd dollars? Can they just add dollar amounts like that on there and how much can they garnish my check for if I live with my girlfriend in North Dakota and make roughly 500/week net?


lrhall41

Submitted by anonymous on Tue, 03/02/2010 - 12:50

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