View Full Version : Can They Get My Salary Garnished
peachesfrgvs
Feb 22, 2007, 06:57 AM
I moved out of my apartment a month and a half ago after going to court and my ex landlords were awarded 2800.00 in a claim that I was late on my rent. I have a case pending against them in small claims court. I am a single mom and work full time. What payments are required by me in order for them to not be able to garnish my wages? Can they do that? :confused:
ScottGem
Feb 22, 2007, 07:02 AM
If they have a judgement against you, then yes they can garnish your wages depending on where you live. However, if you have a counter suit pending, they can't take action until that suit is resolved.
As to what they will take to not garnish your wages, that's up to them.
Fr_Chuck
Feb 22, 2007, 07:19 AM
IF your state allows garnishment of wages ( a few don't) they may do it anytime they want, only payment in full can stop them once they have a judgement against you
Justice Matters
Feb 22, 2007, 10:17 AM
We agree with Father Chuck but would like to add the following:
1. An effective way to stop a garnishment after judgment is to work out a payment arrangement with the creditor.
2. If the creditor won't co-operate, you may be able to bring a motion asking the court to order such a payment arrangement or, in the alternative, limit the amount of your salary that may be garnished.
3. You may also try to bring a motion to suspend the creditor's collection efforts pending a final determination of your claim against him. ScottGem may be right in saying that there is an automatic stay in some jurisdictions but we don't know of any where such a rule applies (we're writing from Ontario, Canada). Generally, only the filing of an appeal will create an automatic stay of proceedings.
Since rules and procedures vary greatly from state-to-state (and province-to-province) you should check with your local small claims court for more information.