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Deposition Hearing for Garnishment

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J

JDL5555

Guest
What is the name of your state? OH

Hi. I have a Deposition Hearing this coming Thursday. It was sent by 'regular mail. Is that normal and do I have to respond (it is a Phone deposition)?

If I should respond are there any questions which are 'Out of bounds' for them to ask?

This is a judgement against my wife and I. I plan on showing that paying would cause an 'Undue Hardship'. Should I have a list of all my expenses now?

Can they get into my bank account at ANY time or do they have to go through a Garnishment hearing after this?

We have zero assets (no home, or vehicles, etc.) that have any real value. Do I need to list these items? The paper was very vague about what info I needed to provide.

Any other tips or suggestions?

Thank you VERY much!
 


JETX

Senior Member
"Hi. I have a Deposition Hearing this coming Thursday. It was sent by 'regular mail. Is that normal and do I have to respond (it is a Phone deposition)?"
*** Yes, and yes.

"If I should respond are there any questions which are 'Out of bounds' for them to ask?"
*** There may be some that are not covered or objectionable. This would require an attorney to determine at the time.

"This is a judgement against my wife and I. I plan on showing that paying would cause an 'Undue Hardship'. Should I have a list of all my expenses now?"
*** The 'undue hardship' probably won't work. The state sets specific exemptions, including garnishment. In the case of Ohio, the wage exemption is
"75% of disposable earnings per week,
or an amount = to 30 x federal minimum hourly wage, whichever is greater." There is no specific exemption for hardship.

"Can they get into my bank account at ANY time or do they have to go through a Garnishment hearing after this?"
*** They would have to do a separate 3rd party garnishment.

"We have zero assets (no home, or vehicles, etc.) that have any real value. Do I need to list these items? The paper was very vague about what info I needed to provide."
*** Don't worry about your 'info'. They will very likely ask you LOTS of questions about your assets.

"Any other tips or suggestions?"
*** Answer honestly.
 
J

JDL5555

Guest
Hi. Thanks for the response. I can't afford an attorney so I guess I'm out of luck.

I was told in another thread that iF I could show that we simply cannot afford to pay anything due to our current expenses that no monies could be garnished. We don't have $50.00 a month left as extra cash. Is this not correct?


Or is the only way to stop garnishment filing BK?

Thanks.
 

JETX

Senior Member
"I was told in another thread that iF I could show that we simply cannot afford to pay anything due to our current expenses that no monies could be garnished. We don't have $50.00 a month left as extra cash. Is this not correct?"
*** That is not correct. I have already given you the ONLY exemptions allowed by your state.

"Or is the only way to stop garnishment filing BK?"
*** There are other ways to consider.... the first of which is to come to some payment agreement with the creditor.
 
J

JDL5555

Guest
Hey JETX. I appreciate the information. I think I understand about the exemption of wages. But a judge really would not care about the fact that we would not be able to feed and clothe our 3 kids IF we had money garnished? I can readily show that left over funds after expenses is virtually non-existant each month. We frankly cannot pay anything else. We are already paying back taxes of over a 100.00 per month which is breaking our backs.
We owe Unemployment 6000.00+. I just don't know what else we can do other than file BK pro se if the Judge doesn't take the hardship into account.

I would love to be able to settle. But we are not in a position to do so.

Thank you.
 

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