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    rdhead420's Avatar
    rdhead420 Posts: 15, Reputation: 1
    New Member
     
    #1

    Oct 17, 2004, 11:21 PM
    Garnishing Wages(Please help!)
    I am from Wisconsin. I have a debt with a credit card company,(silly me, I let my ex boyfriend charge, with word they he'd pay me back), and they sued me. I went to court and excepted the judgement. The company's attorney contacted me and gave me a financial disclosure statement to fill out. I filled it out and sent a letter, stating that I would be willing to pay a small amount each month, and sent it back with no reply for awhile. Well, I just received earnings garnishment forms in an affidavit of mailing from the circuit court. I go to school full time and only work about 20 hours, (at the most), a week and only make $6.00/hour. I believe I am under poverty line 1)Do they find eligibility for garnishment by looking at last year's tax income or my most recent pay? How do they figure out if my wages can be garnished? 2)If I have money in my checking account, to live on, from financial aid, can they gain control of it?
    3)Do I send the form, stating I should be exempt from garnishment, to the debtor or the court or both?
    cargentino's Avatar
    cargentino Posts: 4, Reputation: 1
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    #2

    Oct 10, 2005, 09:39 AM
    Garnishement
    The "guideline" for wage garnishnment/assigment has to be 45 times the average daily wage. You might just not qualify, I am in Illinois... I was on medical leave, part time ony bringing home $300.00 clear, the minute I went back to full time---the garnishment came through. I honestly believe you are not going to qualify!! Also, tax return has nothing to do with it, they are calculating year to date wages only--meaning from jan 05 through present---also, if you have money in your name only--get someone you trust put their nam on it as well... They have went so far as to smack a "lien" on assets. If your money is funded from the Government, they get nothing! It will cost them more money to sue you.
    okletsgo's Avatar
    okletsgo Posts: 15, Reputation: 1
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    #3

    Jan 4, 2008, 10:58 AM
    I have a judgment and they put a freeze on my bank account with my spouse he has direct deposit and I have o income they took his money out and all he can do about this is stop letting his money go in once money is there it is considered yours 2 I'm in n.y.
    stones123's Avatar
    stones123 Posts: 16, Reputation: 1
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    #4

    Jan 7, 2008, 11:32 AM
    I might be able to help here. I have been through this and a lot more too. It sounds like to me you do not make enough money for them to garnish your wages. In my state you have to make $150.00 or more for them to garnish your wages. However I would try to talk with them again, see if they will work something out with you. Not sure how long this has been going on, but sometimes if they see they are not going to be able to collect in full they will try and settle this debt for less. It has happened to me. It is consider a debt settlement and a negective on your credit report, but at least it shows that you were willing to settle this debt and pay for it.

    Okletsgo is right too. They can and will come in and take your money from your checking acct or any other checking acct's that has your name on them. This was done to me. Even though the money was not mine and we even tried to prove it, it still did not matter to them. They just want there money, so remember that...

    One thing I have learned through everything that I have went through is if you can't pay for it with the Green stuff, you don't need it right now. A credit card is something that everyone needs in case of emergency's and I have taught my daughter that if you can't pay for it now then do buy it. Save your money.

    But back to the question? Just talk with them or if they don't want to work with you then they just won't get paid. Not now at least but they will when you do get out of school. Not sure what you limitation are in your state but sometimes they can come back on you 15 years after the fact. So try and work something out, but DO NOT go to a Debt Counseling out of your state for help. They are all CROOKS!! I learned the hard way

    Hope this was some kind of help.

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