Refusing Payments - Wants More

[Kanchazi]

litigation get a LIFE

 

[Ladynred]

Maybe its an oral motion ONLY done before a judgment is rendered where YOU are, but in my state and in many others you can file such a 'motion for slow pay' at any time before or after a writ of execution happens. Maybe they call it something else in other states, but it DOES exist and it does not have to happen BEFORE the judgment is rendered.

I'm too tired and it's too late to go digging into IN code tonight..

 

[lnscott]

File the motion anyway, you can probably head off a wage garnishment of 25% of her wages. She will most likely have to provide a financial statement showing ALL income, assets, and her budget to a judge. Just be aware that if the slow pay is granted, then the payments go thru the court and if she is late or misses a single payment, she's back to square one.

Does your mother make at least 30x the miminum wage ??

At this point, I think she'd be willing to try anything. I'm not sure what you mean exactly by "30x" the minimum wage. She makes close to $10/hour, but I don't think she's quite there - it's probably with 30 to 40 cents. She works 40 hours/week plus (when needed) varying overtime hours. One week, she may not have any over time and from there it could vary.

 

[Kanchazi]

30X minimom wage means that noney is automatically exempt.(30xminimum wage each week exempt)

 

[lnscott]

One option she's been considering since she found out about his plans to garnish her wages is bankruptcy. If she were to tell the attorney this, would it persuade him to drop the garnishment and consider taking payments? Just a thought.

 

[TigerD]

One option she's been considering since she found out about his plans to garnish her wages is bankruptcy. If she were to tell the attorney this, would it persuade him to drop the garnishment and consider taking payments? Just a thought.

No, it would force them to take as much as they could before then.

 

[lnscott]

No, it would force them to take as much as they could before then.

That's just it - she doesn't have anything and he knows this (we put it in his questions regarding her budget and financial standing). She doesn't own a house or any property. She's renting a two room apartment. She doesn't even own a car. The assets she does have would be any furniture and electronics in her home which are all about (if not over) ten years old.

 

[TigerD]

That's just it - she doesn't have anything and he knows this (we put it in his questions regarding her budget and financial standing). She doesn't own a house or any property. She's renting a two room apartment. She doesn't even own a car. The assets she does have would be any furniture and electronics in her home which are all about (if not over) ten years old.

If she is considering filing, she really needs to discuss it with a BK attorney. As far as threatening to file, debtors threaten to file all the time. It isn't going to sway the collector. It isn't his money.

DC

 

[lnscott]

If she is considering filing, she really needs to discuss it with a BK attorney. As far as threatening to file, debtors threaten to file all the time. It isn't going to sway the collector. It isn't his money.

DC

I think she's already talked to one, but it's the same problem - she can't afford it. Oh well, I was just hoping to find something that would work because I know $75/month will shove her into "the red." But, if she can't stop it, she can't stop it - at least when the debt's paid it'll be over with.

Thanks for your help!!

 

[Ladynred]

Call the court clerk and ask if there is a procedure to pay a judgment in payments in lieu of garnishment. If it exists in IN, the court clerk should know what to do and how your mother can do this. The COURT will decide how much she pays based on her living expenses and this time leave NOTHING out.

I asked about what she makes because per FEDERAL law if you don't make at LEAST 30X the minimum wage (5.15/hr), then wages cannot be garnished at all. Since she makes double the minimum wage, this would not apply to her.

Bankruptcy is an option and don't stop with just ONE lawyer. Call around and see if any of them will take payments for their fee and she may be eligible to have the filing fee waived.

 

[lnscott]

Call the court clerk and ask if there is a procedure to pay a judgment in payments in lieu of garnishment. If it exists in IN, the court clerk should know what to do and how your mother can do this. The COURT will decide how much she pays based on her living expenses and this time leave NOTHING out.

I asked about what she makes because per FEDERAL law if you don't make at LEAST 30X the minimum wage (5.15/hr), then wages cannot be garnished at all. Since she makes double the minimum wage, this would not apply to her.

Bankruptcy is an option and don't stop with just ONE lawyer. Call around and see if any of them will take payments for their fee and she may be eligible to have the filing fee waived.

I will tell her to do that. You've been a lot of help!! Thank you!!!