Help Me!!!!!!!

[slone22]

OK, we went to court today we were being sued for 1,500 for a truck that we sold with out a title. We did not know the title was not available from the dealership that we bought the truck from. Well, we lost so we have to pay the other person 1,500 and they would not even speak to us about making payments after court. They filed garnishment papers with the court today. WHAT do we do? My husband does not make very much money and they said that they can garnish up to 25% of his wage every week. We have three kids and I am not able to find a job! We live in a really small town so there is not much work. Is there any way that we can stop them from garnishing our wages? I can pay them back a little here and there.

 

[Ryan4069]

First of all, based on your state laws, your husband may be able to file head of household exemption. Second, check on how much per year based on income is allowed to be garnished. This may mean that only a few checks can be garnished this year. Of course this will be up to you to let the court know when that limit has been reached. Third, you may be able to contest the garnishment and see if the judge will set up a payment plan that you can live with. Please keep in mind im not lawyer and this is not legal advice. Its my business to collect the judgments, not help people avoid them.

 

[JETX]

Ryan, with all due respect, your post is inaccurate and I would suggest that you leave your 'suggestions' to your home state.

1) You said, "based on your state laws, your husband may be able to file head of household exemption."
Colorado does NOT exempt 'head of households'. In fact, Colorado follows the Federal exemptions of "75% of disposable earnings per week, or an amount = to 30 x federal minimum hourly wage, whichever is greater."
BTW, this is the same for your home state (IA).

2) You said, "check on how much per year based on income is allowed to be garnished. This may mean that only a few checks can be garnished this year."
Colorado does not provide any 'annual maximums' for garnishment. And neither does IA.

3) You said, "you may be able to contest the garnishment and see if the judge will set up a payment plan that you can live with."
As you can see from the above, there are not 'judicial exemptions' other than those provided by state law. And Colorado doesn't provide for any court ordered 'payment plans'. Just like in YOUR state.

In closing, I don't know how successfull you are in Iowa, but your responses are inaccurate for both Colorado AND Iowa statutes. (And so you don't misunderstand, I am also in the JR business... and a member of several state and national JR associations, and I care about how this business is represented!)