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Question: Bankruptcy - California

Asked on 11/2/2009

Can the amount of a wage garnishment be modified?

What can I do if I can afford the amount of wage garnishment? I have already contacted the office, but they will not make a payment plan. I need help.


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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


I doubt that there's anything that anyone can do to help, short of a bankruptcy filing, and that will probably only give you limited relief.

A wage garnishment comes only after a judgment is entered in court.  Whatever this debt is, you didn't pay it when it came due, and you didn't pay it when it went into collections.  You didn't pay it when you were served with the papers starting the lawsuit.  So this debt has been out there, I'd guess for at least six months if not much more, without payments from you.  Now, the company has gone to the time and expense of getting the judgment, and after that the garnishment order, and they have no legal obligation to bargain with you at all.

The time to ask for a payment plan, and start making the payments, is before you get sued.



  • Answered on 11/2/2009
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