What are my chances of getting a wage garnishment reduced or the amount due reduced?

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What are my chances of getting a wage garnishment reduced or the amount due reduced?

I have a hearing date set. Do I have an chance going it alone without an attorney? I just feel I have been taken advantage of with all the fees and court costs. Balance was $900 I paid $700; now they garnished my wages for $1400 on a $163 balance.

Asked on May 15, 2011 under Bankruptcy Law, Arizona

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for this situation.  There are some facts left out here so I am going to try and fill them in as I think that they are, okay?  I am assuming that this was a credit card or some other credit like debt, correct?  And that you defaulted in payments and then were sued and a judgement was rendered against you.  So I am assuming that the increase in the amount from $900 to $1400 was for interest, court fees and attorney fees, correct?  Wage garnishment amounts are generally set by statute in your state.  The state allows only a percentage of your income to be garnished.  It can be a big percentage, though, in the scheme of things.  You would need to present some form of evidence as to your expenses for necessities: food, clothing, shelter - and show any other extreme circumstances such as medical expenses, etc., that you need to sustain yourself.  Make sure that the remaining amount paid is fixed and that interest does not continue to accrue.  Ask for the reduction regardless here and yes, getting help from someone - even just some good advice- is always a good idea.  Good luck.


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