How canI stop a garnishment if I can’t afford it?

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How canI stop a garnishment if I can’t afford it?

A Divorce Judgement was ordered for me to pay $1571.00 for personal debt. 1 month later I am facing a garnishment of my salary. I have 2 dependents and am a single mother; I gross $1840 gross salary a month. What can I do to stop it?

Asked on January 3, 2011 under Bankruptcy Law, Oregon

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  It may be a good idea for you to consult with an attorney in your area as to your options.  It is my understanding that Oregon allows you to file a challenge to garnishment when the garnished amount in larger than the actual debt owed or when the property being garnished is not eligible for garnishment, such as when a debt has been discharged in bankruptcy.  The forms are on the Department of Justice's website. Otherwise, they can garnish up to 25% of your income until the debt is satisfied.  That may be too much for you to handle at this point in your life.  So seek consultation.  It should be free.  Good luck.


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