If I am being garnished each week for more than 50% of my pay, can I get any of this money back?

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If I am being garnished each week for more than 50% of my pay, can I get any of this money back?

This garnishment is over a car that was repossessed 7 years ago. At the time of repossesion I owed less than $4000 on it. I was behind by $1550 and I offered to pay them $3000 to get my car back, which they refused then auctioned it off for $2000. Now 7 years later they’ve gone to court to get a judgement based on remaining balance and interest. I make approximately $212 per week before taxes which means I usually bring home about $189 per week. Since this garnishment started I generally bring home $87 per week. I filed Chapter 7 bankrupcy 2 weeks ago and the garnishment hasn’t stopped yet.

Asked on May 17, 2012 under Bankruptcy Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you filed for Chapter 7 bankruptcy protection several weeks ago, there is an automatic stay regarding the wage garnishment under 11 U.S.C. section 362. As such, you should be entitled to get all funds garnished back after the bankrutpcy filing that you did.

I suggest that you advise your bankruptcy attorney and trustee as to what happened as to the garnishment. If more than 50% of your net pay is being garnished per pay period, such an amount is excessive under most laws of each state in this country. Standard amount is 25% of each net pay check per pay period for a wage garnishment.


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