What are my optionsregardinga wage garnishment?

I currently have a garnishment against my pay check. It is for a auto loan that I co-signed for my ex. It has been going for almost a year now. I have paid around $5000 already. I still owe around $11000. Money is getting tighter and tighter each week now. Cell phones have been shut off over a month. My car payment is almost a month behind. Had to push back my car payment this month again to pay for the electric and cable. The only things that I make sure are paid on time is the rent and food. Is there anyway to get this wage garnishment dropped, or have my ex pay for the remainder?

Asked on July 26, 2010 under Bankruptcy Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) In NJ, the most that an  be garnished is 10% of gross wages, and no wages may be garnished if  the debtor's salary is less than $155 per week. If you fall under these criteria, you can get the garnishment amount reduced or eliminated, at least while you are in financial distress.

2) Your ex-wife does not hecessarily have a right to not pay on a loan she signed for, unless in divorce you agreed to assume the whole loan. You may be able to sue her to force her to pay at least a portion of the loan.

You should speak with an attorney about your recourse. If you cannot afford one, try contacting Legal Services. Good luck.

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