Garnishment an d Financial Hardship

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.

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?

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

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?

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

Really, thank you everyone!

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.

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.

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.

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.

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?

Well, I don't think we're going to have an abusive employee much longer anyway..This gentleman has a hard time showing up for work.
I didn't know that you had to wait that long to re-file chapter 7..I am pretty clueless on bankruptcy laws...Employees frequently ask me about filing, like I'm an attorney or something!! All the knowledge of bankruptcy that I have comes from this site...and my bank of knowledge is growing!

so you say if there is a hardship a person can get it reversed or just settle for less from their paycheck?

DD

I heard there are some companies that offer special hardship programs to those who can't afford to make the payments. You have to contact them and explain your situation. They might offer you some facilities and make your repayment process easier. You will have to talk with the right person in the company who can take care of this matter and offer you help.

dd,
You need to file a petition with the court..You can go before the magistrate and show them proof, by bringing bills, a proposed budget, paystubs, and a w2, that you can't pay. I have seen people accomplish this..

Oklahoma laws are apparently quite different. Garishments last 180 days here. There are forms you can file requesting a hearing for hardship purposes. If you are not able to meet your basic needs for yourself and your children (housing, food, clothing, transportation) the amount can be reduced or apparently, stopped altogether. A lot of us here are in the position of having to file this after granishment starts because we found out about the garnishment from our employeers after it was a done deal. There is a law firm here that specializes in buying junk debts and garnishing wages without proper notification.

Does anyone know how long a garnishment lasts in Colorado?

Garnishments usually lasts for 6 to 12 weeks. However, garnishment laws are different in different states. It also depends on the type of debt you have, and the type of action that the court is going to take, or has taken.

However, in Colorado a writ of garnishment can remain active for 6 months.

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