How much wages can be garnished?

[passingby]

What is the name of your state? Virginia

I think in Virginia they can garnish 25% of what's left after taxes and other government deductions. But what if that means you can't make your house payment or utilities or even eat? What if you're living so close to the edge you can't pay 25% and live at all?

Keep in mind that the monthly bills are not for credit cards (there are none) or anything frivolous....the only thing besides the necessities mentioned above would be internet access and cell phone standard plan and health insurance and auto insurance. There is not even a car payment!

I should say that this garnishment is only anticipated, not yet happened. It comes from a car accident where a minor child was at fault and the parent did not have said child on the policy (while the child was unaware of this ommission) so the victim's insurance company will most likely sue for the repair bill. (yes, if anyone remembers, I asked about this car accident in another post....I have since found out I was lied to by the parent about certain things so now I'm asking about garnishment. The child is very upset over this!)

The child also wants to know if his wages can be garnished or will it be his Dad's?

Thanks!

 

[Debt Guy]

You are correct on your assumption about the maximum garnishment in VA. There is an exception if the remainder after garnishment is less than minimum wage.

You can ask the judge for a hardship exception. Some states allow that and some don't. I have no idea what is typical for VA.

The garnishment would be against the same individual the judgment is against.

If am some confounded over your use of pronouns -- but if you think you are vulnerable here, you might want to be talking to a bankruptcy attorney to see if you qualify or thinking about some way to settle this. Judgments last for a very long time.

 

[passingby]

Thanks, Debtguy.

I realize the pronouns are confusing, but I really am asking for a friend....a friend I might add who is driving me insane over this because she won't do anything nor check out her options and all she wants to do is whine and get upset over endless possibilities. So I thought I'd try to find answers for her other than my personal opinions so she'd make a move in some direction to solve her problem. Good luck to me!

So if I might ask another question.....this feared garnishment is in reference to payment for damgaes to a car a 16 year old caused in a traffic accident. The 16 year old was NOT on the family policy! So my question is, would they sue the kid in this case or the parents?

 

[ecmst12]

The parents would be responsible. But if they can work out a payment arrangement, garnisment may not be necessary. The easiest option would be for the parents to take out a loan for the repair and make the kid get a job and work his butt off to make the payments for his screwup. Or at least help, since it was partially the parent's fault for not making sure he was on the policy before giving him the keys.

 

[Debt Guy]

Parents are responsible for the acts and consequences of minor children -- especially children to damaged someone while driving the parent's car.

I agree with the previous poster. If the kid is not on the insurance policy, they don't touch the car keys.

 

[passingby]

I totally agree that a child should not be driving a car when he's not on the policy! But what's ticking me off about this is that the kid didn't know he wasn't on the policy! His mom even told me this! She didn't want to tell him he wasn't on the policy for purely stupid reasons....she led him to believe he was covered if he should have an accident. She gave him the keys! She let him go off uninsured and now that there is a bill to pay she wants him to pay it! The bill is about $4000! The kid is trying to work and go to school (his senior year is coming up) and he wants to save his money to get out on his own ASAP because his life at home truely suks! You have no idea what kind of life this kid has to put up with! There is another kid, age 20, still living at home who is the favored son and when he does anything that costs money the mom pays it straight away without question. This 20 year old will not work or go to school! So the mom has no choice! So since the younger one does work the mom takes his money for even his own food! It's so sick! I don't want to see this younger son have to pay for this damage when, knowing this kid as I do he would not have driven the car if he'd known he didn't have insurance. He has not driven since the accident now that he knows this! The mom, however, keeps trying to make him drive so she won't have to do things she doesn't want to do, such as take him to summer-school and work. There is only one car in the family. Sorry for the rant!

So it seems then that the parents will be sued and not the 16 year old who had the accident. Is that right?

 

[Debt Guy]

For sure the parents will be sued. The child may or may not be sued. My attitude would be to sue everyone and let the judge sort it out.

Mom screwed up and now she is going to pay. Personally, I think she is getting off cheap.

I'm no family counselor. I think the kid needs to talk to someone at his church or school.

 

[passingby]

Thanks!

I actually called my own insurance people today and asked them these questions and just so you all know....you are all right! The parents will be sued, not the kid...sadly though the kid will pay for his mom's mess.

I agree Debtguy, the kid needs to find some help with his family! I try, but to no avail! I'm so sick of watching this crap and not being able to do anything to make it stop! But that's another subject.

Thanks again all for your interest and help!