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#1
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Wage garnishement question....What is the name of your state?KY What is the maximum amount of money that can be garnished from one's wages due to a judgment? Also, can more than one creditor garnish your wages at the same time? |
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#2
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This is just what I can logically guess. Try contacting your county clerk and asking them these questions. They should have the calculation worksheets and such there.
__________________ ***btw, I'm not a lawyer |
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#3
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| In your state, the maximum exemption is 75% of disposable income or 30 times the federal minimum hourly wage, whichever is greater. For garnishment purposes, "disposal income" is normally your net income, without exemptions considered. Valid exemptions fruther reduce the amount that can be reached. And Leinalani's guess is a good one, but it's wrong. Garnishments are processed sequentially. Multiple creditors wait in line, if they have the same *priority*. Tax liens and child support orders go to the front of the line. --------------------------------------------------------------------------Originally and incorrectly read "maximum is 75%"> Last edited by Chien; 11-25-2005 at 06:18 AM. |
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#4
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| Actually KY wage garnishment is 25% of the disposable income: 18. Kentucky Wage Garnishment "Controlled by KRS 425.506. After a 10-day waiting period from date of judgment, a creditor may, using a pre-approved state form, file for wage garnishment to be issued by the clerk of the court, and an order of garnishment is then mailed to the garnishee employer. The employer has 20 days within which to respond. If the garnishee employer fails to answer, it may be held liable to the creditor for failing to honor the garnishment. Wage garnishments create a continuous lien against a debtor's wages, until the debt is paid. KRS Chapter 427, which deals with exemptions, authorizes a debtor to challenge garnished funds as exempt, and provides for a subsistence allowance beyond which a plaintiff cannot garnish (generally 25% of the debtor's disposable earnings per week). Wage garnishments have priority according to the date of service upon the employer." And priority is assigned by the date of service for garnishment to the company paying the wages. They do not take 75% of your disposable income, the government does make them leave you the larger percentage to live on. Here's the website with the info, for all states: [url]http://www.fair-debt-collection.com/state-wage-garnishments.html#18[/url]
__________________ Please remember that the search feature on this site, Google, and websters.com are all your friends!!! |
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#5
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| Geez, thank you, zippysgoddess. What a difference an omitted word makes. I was vacilating between "25% subject" and "75% exempt" and came out confusing and wrong. OP - I editied my reply. If I've made it more confusing, look to zippysgoddess' post and think in terms of 25% of take-home. (I should just simplify responses.) |
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#6
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| LOL Chien, we are all just trying to help!
__________________ Please remember that the search feature on this site, Google, and websters.com are all your friends!!! |
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