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Guest · Posted: Wed Jun 14, 2006 9:06 pm Subject: Garnishment an d Financial Hardship

I'm really needing some advice. Recently my wages have begun being garnished the full 25% for an old debt. I'm currently having serious financial problems and I need to try to get that amount reduced. I have every intention of paying the debt, but my take home after the garnishment will not pay the bills.

I'm confident I would qualify for financial hardship, I have 2 children, both under my custody, normal car, home and utility bills.

I can't afford an attorney, how would I go about getting the amount reduced until I'm doing better financially?

Thanks for any help.

GM · Posted: Thu Jun 15, 2006 2:36 am Subject:

Will the garnishment only last three months? How old is this debt? Were you served papers before the garisnment?

Maybe you could file to the judgment abolished.

If you live in Texas, they can't garnish wages.

Posted: Thu Jun 15, 2006 3:21 am Subject:

What was the garnishment for? I don't think you can change the amount taken out, since it's ruled by the percentage allowed in your state...but I may be wrong...
What did the judgement say?

Posted: Thu Jun 15, 2006 5:42 am Subject:

You certain can APPEAL it! I would make a phone call to your court..civil court or look on their website for forms of appeal....but yes you can appeal anything. it's worth a shot

Guest · Posted: Thu Jun 15, 2006 6:43 am Subject:

Thanks for the replies.

The amount is for $6500 for an old credit card debt and the garnishment amount is between 300-400 per month depending on my checks.

The judgment was awarded a couple of years ago, but they only recently started garnishing. I never recieved a letter stating that they were going to garnish, I only found out after one of my checks was unusually small.

I read, or heard that under financial hardship (for Oklahoma) that the amount garnished could be lowered.

I will look and see if I can find any forms of appeal at the court, any other advice?

Posted: Thu Jun 15, 2006 7:16 am Subject:

Posted: Thu Jun 15, 2006 9:13 am Subject:

Guest · Posted: Thu Jun 15, 2006 10:31 am Subject:

Thanks everyone for the help, I'm looking into the legal aid in my city right now.

Really, thank you everyone!

Posted: Fri Jun 16, 2006 9:23 pm Subject:

If your wages are already being garnished then it's too late to have it reuced. BTW, there is no appeal form that exists..You must actually go before a judge/magistrate/court official to get a garnishment reduced. One thing you can try, and I deal with garnishments every week and have seen this work...Is call the original creditor and explain the situation. They can stop the garnishment if they want to, you'll have to pay extra fees, but may be able to have an easier payment plan. Pm me if you have any questions, I may be able to give you some ideas to try.

Posted: Fri Jun 16, 2006 10:13 pm Subject: re

Oaklahoma law states that the 75% exemption can be reduced if you establish hardship. With 2 kids that should not be a problem. Its a cold heartless thing to place on someone responsible for 2 children.

You can request a hearing. search on wage garnishment Oaklahoma hardship

I would also seek out any free legal aid. Do a search. Contact your State Contact child services in Oaklahoma, any applicable state services. Perhaps even apply for State aid for your dependants.

The words "I cannot house, cloth and feed my children" are very strong words when pitted against a greedy CC company. Who knows - you may even get a refund on what has been taken. Even the IRS will leave you with enough money for the basics.

Bud-sc · Posted: Fri Jun 16, 2006 10:26 pm Subject:

The only way I have herd of a garnishment to be stopped was to move to a Non-wage garnishment state.I know a few people who did that.

Posted: Fri Jun 16, 2006 10:48 pm Subject:

Posted: Sat Jun 17, 2006 1:09 pm Subject:

Bud, actually there are quite a few ways that garnishment can be stopped. It seems, though, it would be difficult to be able to afford to move because you can't afford the garnishment..Garnishments last 90 days. Period..and creditors USUALLY don't refile.
I'm telling you, though...It's going to be VERY VERY difficult to prove hardship if you're already being garnished. I don't know a whole lot about special laws in OK, but I'm fluent on federal/Michigan garnishment laws.
Less...Here's one for you...3 years ago an employee was being garnished. they let it go on for a pay period or two, then filed chapter 13...But didn't put the creditor who was garnishing them into the plan..I guess they thought they'd go away because they couldn't garnish anymore. I got this employee's chapter 13 discharge papers 2 weeks ago..Guess what I got last week? A garnishment order for this employee..From the same creditor who garnished them 3 years ago! When I gave this person a copy of the order, he called me stupid and told me it was illegal to garnish him. I told him that's fine, just wait until you get your check next month. I've been doing this job for 6 years, and I have never seen a creditor wait to pounce again like this.

Posted: Sat Jun 17, 2006 2:11 pm Subject:

Posted: Sat Jun 17, 2006 5:00 pm Subject:

The employee was on a 3-yr-plan. I'm really interested to see how this guy reacts when he sees his check...I'm looking forward to recieving some verbal abuse. Why do they always think it's MY fault?

Posted: Sat Jun 17, 2006 6:18 pm Subject:

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