Paycheck being garnished! Need advice!

[jayala719]

What is the name of your state? COLORADO



Hello. Last year I broke my hand and now they are garnishing my check to collect the bill. I have been out of work since about 7 months ago so I was previously unable to pay this bill. They gave me no warning of the garnishment before it started and now I cannot live off of the pay I am getting now because of the garnishment. Is there any way to remove the garnishment or reduce my weekly payments?

[Fizzle1979]

Originally Posted by jayala719

What is the name of your state? COLORADO



Hello. Last year I broke my hand and now they are garnishing my check to collect the bill. I have been out of work since about 7 months ago so I was previously unable to pay this bill. They gave me no warning of the garnishment before it started and now I cannot live off of the pay I am getting now because of the garnishment. Is there any way to remove the garnishment or reduce my weekly payments?

If you got a garnishment, that means you where sued and lost. Do you remember being sued and not showing up in court?

[jayala719]

When I called the collection agency they said that I had received a court summon and papers for court, which I never did and I've been trying to argue that with them. The garnishments started about a month ago and for the past 3-4 months I was without a permanent mailing address so I received no notices of a garnishment whatsoever.

[IrishNodak]

Originally Posted by jayala719

What is the name of your state? COLORADO

Hello. Last year I broke my hand and now they are garnishing my check to collect the bill. I have been out of work since about 7 months ago so I was previously unable to pay this bill.

If you've been out of work since 7 months ago, what check are they garnishing?

Usually, the notice of garnishment comes from your employer.
Unfortunately, now that they've been awarded the judgement and gotten the garnishment started, the only thing that will stop it is to pay it off in full.

[Ladynred]

That's not necessarily true. The OP CAN appeal the garnishment and if he/she can prove that it's a hardship, then s/he may succeed in having the court stop or reduce the amount of the garnishment. Be prepared to produce documented proof of your finances, otherwise you're going to to be able to prove hardship.

Call the courthouse and ask for a copy of the judgment case file. In it will be a proof of service that will tell you when, where, how, and to whom the summons was served. All the other gory details of the lawsuit will also be in there.

[ifnotforgrace]

Did you have insurance at the time? If so you may can go back and file a retroactive claim that will lessen the debt. Usually the exceed 20-25% of income.

Since you acknowledge the debt, I say if at all possible pay it.

One way to lessen the burden or quicken getting the debt down burden is to change your tax status. But remember you will owe the governement and have to settle with them in APRIL of next year.

But you may be better off if you can itemize - Check your tax return and see where you are on your burden vs your ytd FWH amounts now. Be careful here the one thing that can be wrose than a garnishment is a levy.