Wage Garnishment

[kelbellene]

What is the name of your state? Nebraska

I have a debt being collected by a law firm. I missed a payment one month and paid twice as much the next time. Before my check was received they decided to start garnishhing my wages. I know I was late and understand this should happen. However, today I was told they will be taking 25% of each paycheck. This will lead to my paying three times as much each month as was originally decided between us.

Is there any way to get the percentage lowered? If so do I need to talk with them or with the court?

In the month of the missed payment I started my first post college "real" full time job. Would there be any chance they would rethink the garnishment if they had this information?

 

[olgethorpe]

Some missing info...

You've left out some details, I think. What kind of debt was this? What agreement did you sign for making payments? Normally, they can't just go from you sending them a check to garnishing your wages without a court appearance. And, they can only grab wages from jobs they know about...so the court will have to serve papers on your new employer, which might cause your new employer to rethink hiring you.


What's missing here?

 

[kelbellene]

What kind of debt was this?
Credit card.

What agreement did you sign for making payments?
The agreement was verbal over the phone and recorded.

Normally, they can't just go from you sending them a check to garnishing your wages without a court appearance.
The summons said if I had a reasonable argument (wages aren't able to be garnished, wrong amont) I could request a hearing.

And, they can only grab wages from jobs they know about...so the court will have to serve papers on your new employer, which might cause your new employer to rethink hiring you.
Well, I got my job through a temp agency and they pay me. My actual employers won't know about this. I don't think the temp agency would make a big deal about it.

 

[Ladynred]

Sounds like you agreed to a Consent to Judgment and when you missed the payment, they went ahead with the judgment enforcement options available to them, the easiest being wage garnishment. You should have called the lawyer and told him you were going to be late or whatever to avoid their automatic assumption you weren't gong to follow thru.

If the garnishment is going to cause you a hardship, you CAN appeal it and request a hearing. A judge can modify the amount taken.