Garnishment

[sadiesrotten]

What is the name of your state (only U.S. law)?
Ohio

An old creditor is attempting to garnish my wages. This debt owed is more then 10 yrs old.

I worked at a job 15 yrs ago - While I worked there, an attempt was made to garnish my wages. The employer notified me they were served with a garnishment on my behalf but they did not intend to honor it, and they never did. My wages were never garnished.

How was this possible? How can I get my current employer to ingore the garnishment of my wages, like the last one did?

I earn $10.50/hr X 40/hrs a week. I am a single mom with 2 kids..we are a family of 3. According to the poverty level chart, with my income level and family size, we are below poverty level. My children qualify for free lunches, and other things like insurance from the government. My son is special needs and qualifies for federal grants each year for his day care, and other necessities.

I notified the party I owe the money to by mail that I was was considered under the Federal Poverty Level and that they could not garnish my wages. They're still persuing me.

If my wages are garnished we will lose our home and possibly my car. Help!What is the name of your state (only U.S. law)?

[debtcollector`]

So, what you are saying is that you have evaded a judgment for more than 10 years and made no attempt to pay your legally ordered debt. Perhaps you should sell the car and find a cheaper place to live, as you are going to have to starting paying your debt.

DC

[sadiesrotten]

Gee thanks for your swell advice. Let's see . . . you do not know me, nor have you ever walked one step in my shoes . . . yet you hasten to ASSume my situation... how very interesting.

It just so happens I was ill from 1996 - 2004 with cancer. I went through chemo-therapy and major surgery to have the cancer cut out of me. I was unable to work because of the aforementioned medical reasons for nearly 8 yrs. During the 8 yrs i was ill, I had no choice but to be on government assistance. For a family of 3 during that time, the amount I was given per month to support my children and I was $373.00. You state I've made no attempt to pay my debt...Just exactly how did you think I should pay my debt? By selling my foodstamps? I had no way to pay my debt that was acquired before I was unable to work. Nor did I in any way know that at 31 yrs of age I would be given a cancer diagnosis.

In two weeks time I'll have been back to work for four years...and because I was out of the work force for so many years, I had to start at the bottom ($7.00) and earn my way up ($10.50).

Just for the record, prior to my cancer diagnoses I worked for 16 yrs and paid into the system. I also attended college trying to get a degree so I could better myself for the sake of my children. I did not ask to get ill.

You suggest I sell my vehicle...it's a run down piece of crap. I highly doubt anyone will pay much for it.

You suggest I find a cheaper place to live? I live in a 1973 Mobile home that has holes in the floors and is in horrible shape. Selling it is not an option because it's unsellable. I cannot even get it insured because it's in such disrepair. But hey, it's a roof over our heads and we manage. Before we moved here in December of last year we lived in HUD Housing...but when my income jumped up due to a 50¢ raise, my rent was raised as well and because it was not something I was going to be able to afford to pay we were forced to move here.

So now, the debt is back knocking at my door. I go searching the internet for helpful advise and I get some person handing me a dish of sarcasm. Thanks but no thanks.

And here I’d thought I’d stumbled across a legitimate website that offered REAL legal advice. My bad.

Oh and one last tidbit . . . while going to school I managed to run up quite a large student loan. And because the GOVERNMENT realizes I am under the federal poverty level my student loan has been in forbearance for several years.

I'm not here looking for sympathy or monetary help. I am simply sorely in need of some legal advise. So if anyone else is seeing this post and has some REAL legal advise to offer me, I’d be very grateful.

[tanja53]

Originally Posted by sadiesrotten

Gee thanks for your swell advice. Let's see . . . you do not know me, nor have you ever walked one step in my shoes . . . yet you hasten to ASSume my situation... how very interesting.

It just so happens I was ill from 1996 - 2004 with cancer. I went through chemo-therapy and major surgery to have the cancer cut out of me. I was unable to work because of the aforementioned medical reasons for nearly 8 yrs. During the 8 yrs i was ill, I had no choice but to be on government assistance. For a family of 3 during that time, the amount I was given per month to support my children and I was $373.00. You state I've made no attempt to pay my debt...Just exactly how did you think I should pay my debt? By selling my foodstamps? I had no way to pay my debt that was acquired before I was unable to work. Nor did I in any way know that at 31 yrs of age I would be given a cancer diagnosis.

In two weeks time I'll have been back to work for four years...and because I was out of the work force for so many years, I had to start at the bottom ($7.00) and earn my way up ($10.50).

Just for the record, prior to my cancer diagnoses I worked for 16 yrs and paid into the system. I also attended college trying to get a degree so I could better myself for the sake of my children. I did not ask to get ill.

You suggest I sell my vehicle...it's a run down piece of crap. I highly doubt anyone will pay much for it.

You suggest I find a cheaper place to live? I live in a 1973 Mobile home that has holes in the floors and is in horrible shape. Selling it is not an option because it's unsellable. I cannot even get it insured because it's in such disrepair. But hey, it's a roof over our heads and we manage. Before we moved here in December of last year we lived in HUD Housing...but when my income jumped up due to a 50¢ raise, my rent was raised as well and because it was not something I was going to be able to afford to pay we were forced to move here.

So now, the debt is back knocking at my door. I go searching the internet for helpful advise and I get some person handing me a dish of sarcasm. Thanks but no thanks.

And here I’d thought I’d stumbled across a legitimate website that offered REAL legal advice. My bad.

Oh and one last tidbit . . . while going to school I managed to run up quite a large student loan. And because the GOVERNMENT realizes I am under the federal poverty level my student loan has been in forbearance for several years.

I'm not here looking for sympathy or monetary help. I am simply sorely in need of some legal advise. So if anyone else is seeing this post and has some REAL legal advise to offer me, I’d be very grateful.

This is not legal advice.
I just want to say your story really touched me.
You are a good fighter. And i wish all the best and luck to you.

People can be very rude
And we can all come into a sitiuation like yours. We never know what can wait around the corner.
I will send a pray to you.
Take care of yourself and your family.

[annajosie]

maybe you need to find out the law in your state about what income is exempt. I live in Florida and I know that if you are head of household, they cannot garnish your wages.

Good luck to you and I do agree that if a person comes here for advice, they don't need a scarcastic remark. Unfortunately there are people out there that love to kick someone when they are down. Love to see what they would do if the situation was reversed.

[sadiesrotten]

AnnaJosie and Tanja58! Much appreciated! I thank you both so much for your kind comments and suggestions!
Take care
Sadie

PS...Ok I'll look into the head of household thing...Hopefully it works that way here in Ohio too!

[Texas Pooh]

OP,

Your immediate problem is that you need to be contesting the garnishment in court with the judgment creditor. Your employer must honor the garnishment or the employer becomes responsible for the debt. Your employer is not entitled to make decisions about whether or not the garnishment can be done; they simply fill out the form and do the math, and, if there is money to garnish, they must do so.

Please call legal aid, or see if the bar association in your state has a free legal assistance hotline, or call the law schools in your area - many of them have great no cost clinics. One of those sources will be able to help you file the appropriate paperwork with the court to squash the garnishment.

Good luck!