My daughter has a 25% wage garnishment how can she get this reduced

My daughter had a car reposesed and the car company resold the car but at a loss from the original amount sold to her. Now they are garnishing her wages for the remaining balance of almost $3000.00 dollars. This has caused a tremendous hardship; she doesn’t have enough debt to file bankruptcy. The car was purchased in Ohio and she has sence moved to Fl. Is there a way to get the court to lower the garnishment. She said she would pay it off with with her 2009 tax return. She has 2 children and this is really hurting the finances.

Asked on June 12, 2009 under Bankruptcy Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

She should contact the garnishorand try and work out a payment plan that she can live with.  Most likely her employer will need a Garnishment Release Order and she needs to request that from the garnishor.  She will have to sign an agreement to pay monthly and the agreement will most likely say what she owes and what she agrees to pay. There may also be other documents that she has to provide to show her monthly expenses if she is asking to repay a small amount every month. 

She should also go and see a reputable debt counselor.  Consultation should be free.  Do not fall in to the trap of giving them money up front.  The debt counselor may be able to help with the garnishment as well.  Good luck.   

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

When a person has a judgment against them the creditor is entitled to the money owed and when not voluntarily paid they are legally allowed to garnish a persons wages. If this is causing a financial hardship your daughters best option is to contact the creditors attorney and discuss the situation. Sometimes they will agree to lower the amount taken out if hardship is proven.

If the creditor does not agree your daughter can call a local attorney who handles these matters, prsent her financial situation and see if that attorney can help by trying first contact the crditor and than make a motion for undue hardship if necessary, You will have to weigh the costs to see what proves best overall


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