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08-25-2005, 04:36 AM
| | Junior Member | | Join Date: Aug 2005
Posts: 2
| | | how to adjust the rate of garnishment?
What is the name of your state? arizona
my wages are currently being garnished for a judgement ive had from the past for 15,000.00 since they have been taking the money from my paycheck i am unable to make my bills and am soon to be evicted from my residence. my question is there any way to get the rate lowered so my financial situation can be a little more comfortable? initially i signed an agreement to pay 200.00 a month but i lapsed on payments and now they take it directly from my check but at a much more severe rate! instead of 200/month its now 200.00/week! i am a single parent trying to make it and i have no problem paying what i owe but i cant make it at this rate! any help or ideas will be greatly appreciated, thanks |
08-25-2005, 02:56 PM
| | Member | | Join Date: Dec 2002 Location: GA
Posts: 95
| | | Since you owe such a large amount, and it would take you years to pay off, maybe an idea to file for BK? Sounds like your credit is already shot.
Also, you have a child/children to take care of, and need to consider that.
JMHO |
08-27-2005, 04:59 PM
| | Junior Member | | Join Date: Aug 2005
Posts: 2
| | | would filing bankruptcy cancel a judgement like this? |
08-27-2005, 08:45 PM
| | Member | | Join Date: Dec 2002 Location: GA
Posts: 95
| | | Yes, from what I understand. Maybe someone else will come along and confirm it here.
If you decide to file, you should do it before Oct. 1st when the new rules go into effect. |
08-28-2005, 12:30 AM
| | Member | | Join Date: Jul 2005
Posts: 44
| | Quote: |
Originally Posted by DGO1223 Yes, from what I understand. Maybe someone else will come along and confirm it here.
If you decide to file, you should do it before Oct. 1st when the new rules go into effect. | I believe it's october 17th, not the first. |
08-28-2005, 07:26 AM
| | Member | | Join Date: Dec 2002 Location: GA
Posts: 95
| | | Yes, Oct. 17th is correct.
I also believe that child support, criminal activity, etc., will not be able to cancel. What was your judgement for? |
08-28-2005, 07:30 AM
| | Member | | Join Date: Jan 2003 Location: Pennsylvania
Posts: 688
| | | Most states have a cap on how much money can be taken from garnishing an account. this is due to most folks needing living expenses and other needs. contact the courts that issued this new garnishment amount. As another poster suggested speak with a BK lawyer. most will do an initial free consult to determine if its in your best interest to persue. |
08-29-2005, 01:00 AM
| | Junior Member | | Join Date: Aug 2005 Location: NJ
Posts: 9
| | | Arizona Garnishment Rules:
Garnishment & General Exemptions: Exempts 75% of disposable earnings per week, from Garnishment or an amount equal to 30 times federal minimum hourly wage, whichever is greater.
does that sound right to you? or are they illegally garnishing more than the legal limit? |
08-29-2005, 04:40 PM
| | Member | | Join Date: Jan 2003 Location: Pennsylvania
Posts: 688
| | I think you actually answered your own question. good research on the AZ law.  Now go find a good legal aide who can help on getting this matter set in the right direction. | |
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