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boyohboy · Sep 22, 2006, 08:04 PM

Hi... New , but in desperate help. I received a Garnishment letter in the mail today for a medical bill from 2003.(?) -2000.00 Here's the thing- I only work 4-6 hrs a week. I go to school full-time and my daughter and I live on financial aide (student loans) and child support. Can they really garnish my $70.00 a week paycheck?

How do I go about stopping this.
I was told to write them and ask for proof of debt, process and right of garnishment. (my atty told me to do that,represents me for workmans comp case)-

Anyway, my employer is already talking so much s*#t about me and am trying to fire me because of WC case... what do I do? Have they already contacted my employer?

Should I write the letter?

I am in MN
:eek:
Thank you!

excon · Sep 22, 2006, 08:44 PM

Hello boyoh:

How do you stop this? I don't think you can.

You can only be garnished after you've been sued. You had an opportunity to present your side then. That was the time to do something. You didn't. Letters and phone calls won't stop them.

Have they contacted your employer? I'm sure they're not keeping it a secret.

excon

ScottGem · Sep 23, 2006, 05:27 AM

There are laws about the percentage that they can take out with a garnishment. You need to ask your atty or check local laws. But, as excon pointed out, the time to stop it was when they obtained a judgement against you.

Fr_Chuck · Sep 23, 2006, 06:50 AM

Yes you will need to go to the court hearing, and show them, and talk to the judge. But since you have not worked out any payment arrangements, it is likely they will give them a judgement and allow the garnishment. You should be allowed to show family need, so it is likely they will only take about 25 percent of your check not 50 percent.

And while college is important, getting further in debt getting more student loans and getting indebt to a point that you wlll owe so much when you get out of college ( and depending on your degree, that does not mean a big paycheck any longer)

Also remember student loans can not be done away with in bankruptcy, so that debt will be yours to pay forever.

I would wonder, and sorry why not work full time and go to school part time, to cause less debts.

I have had serious issues with schools allowing students to owe 10's of thousands of dollars when they graduate, in which they often take the next 30 years paying off.

boyohboy · Sep 23, 2006, 09:11 AM

As I posted earlier, I have a lawyer for a Workmnas Comp injury, which in turn limits me for hours I can work due to injury. I just don't understand how they can garnish such a little amount? Is it really worth their time and $ for probably 5.00 a week?

There's got to be something I can do?

excon · Sep 23, 2006, 11:00 AM

Originally Posted by boyohboy

There's got to be something I can do?!

Hello boyoh:

Of course, you have choices. How many, only you can determine. In order for me to tell you exactly what course of action to take, I'd have to know a lot more about your situation than I want to know, or that you should tell me.

So, I'm going to paint a broad brush. Speaking of brushes, you've painted yourself into a corner! No matter WHAT direction you take, you're going to step in the paint, and you're not going to like the choices you have.

You can't stop the garnishment. I don't care how much you protest, there's NOTHING you can do (that's some of the paint you're going to step in).

Ok, there is ONE thing you can do - quit! If your boss isn't happy with you, I'm sure you're not happy with the job, Ok, so for a lousy 4 - 6 hours a week, tell him to shove it. All your income is going to go to toward the debt anyway.

Get a new job. I have the feeling that you're only working those limited hours because your lawyer told you to. Well, ask your lawyer how you're going to eat? Go to work under the table - for cash. If you don't, the garnersher will eventually find you again, and take all that money too.

You either pay these suckers now, or go underground. $2,000 isn't much. When you have it, pay 'em, and come back to civilization.

excon

excon · Sep 23, 2006, 12:11 PM

Originally Posted by boyohboy

I just don't understand how they can garnish such a little amount? Is it really worth their time and $ for probaly 5.00 a week? There's got to be something I can do?!

Hello again:

Let me do some more painting. You ask whether it's worth their time and money to pursue... That's a question you should have asked yourself back when you decided to stiff them.

It's cool. I've been there. I understand. But I always called it what it was. So, after you stiffed 'em, the first clue that they were willing to spend money and time collecting the debt, is when they sent you overdue bills. Bills with red lettering... They would have sent lots of bills, over lots of months - maybe even a phone call or two. Then they hired a collection agency, and they started with more phone calls and letters. At that time, even, you could have determined that they were serious about collecting their money. But, no... Next, they hired lawyers... and they sent letters... Then they sued you and you ignored that too... I guess that didn't clue you in either.

Well, they won! Now they have a judgment. They won, because of your indifference. After all the money they spent, they WON a judgment. A judgment is a FREE PASS to the cash... your cash... do not pass go... Wherever she has cash - GO GET IT! Bank accounts?? Get 'em. IRS refunds?? Get 'em. Apartment deposits? Get them too, boys - we got a free pass to the cash!

Why oh why, do you think you can stop them now?

excon

boyohboy · Sep 23, 2006, 07:20 PM

OK OK I get the picture... :)
But I have to say, no- I did not get a million letters, nor did I ever get a phone call- but I guess it really doesn't matter now.

Yeah, I work 4-6 hrs because atty said so- plus injuries cause too much pain to play "full-time worker"- I'm in litigation, going to court Nov 30th at which time I should receive back pay, lost wages, med bills,etc... Then I can quit and be done being the bad seed...

I guess I just have to swallow the pill I have created.

Thanks

s_cianci · Sep 24, 2006, 12:50 PM

Do what your attorney advises. Usually garnishments are limited to a certain percentage of your net (post-tax) income. Since your income is so limited to begin with you may not be subject to garnishment, at least not in any amount that would make it worthwhile. Also, legally your employer cannot harass you or make any decisions about your employment status with them based on this garnishment. Bring this to your attorney's attention as well. It might be worthwhile to have your attorney write your employer a letter.

boyohboy · Sep 24, 2006, 06:08 PM

Thank you thank you thank you!!

excon · Sep 24, 2006, 06:42 PM

Originally Posted by s_cianci

Also, legally your employer cannot harass you or make any decisions about your employment status with them based on this garnishment.

Hello again:

I don't know about that. If she's employed "at will", she's probably only hanging on to the job because the employer is afraid to fire her due to her workmans comp claim. If he does, for sure, she'll claim retalliation. But, if he fires her for OTHER reasons, he's off the hook.

excon

boyohboy · Sep 24, 2006, 07:39 PM

Let me clarify this for y'all. Auto accident while on duty over a year a go. Since then employer trying to make me quit by cutting hours and basically treating me like cr*p. Atty told me not to quit. Going to court in Nov to settle-finally-I believe after settlement hearing they will eliminate me for good. It has been told to me it would do more harm than good to quit before settles, so I have been putting up w/ this for 1 1/2 years. Needless to say I am tired of it- BUT- this garnishment is really going to put things in the cr*pper-

That about sums it up.

lmagsanay · May 18, 2007, 12:10 PM

Originally Posted by boyohboy

Hi ... New , but in desperate help. I received a Garnishment letter in the mail today for a medical bill from 2003.(?) -2000.00 Here's the thing- I only work 4-6 hrs a week. I go to school full-time and my daughter and I live on financial aide (student loans) and child support. Can they really garnish my $70.00 a week paycheck?

How do I go about stopping this.
I was told to write them and ask for proof of debt, process and right of garnishment. (my atty told me to do that,represents me for workmans comp case)-

Anyway, my employer is already talking so much s*#t about me and am trying to fire me because of WC case...what do I do? Have they already contacted my employer?

Should I write the letter?

I am in MN
:eek:
Thank you!

Last year a credit card won a judgment against me by default because I never showed up at the hearing. Then, my paycheck was garnished without notice. But, I filed a claim of excemption. I downloaded it off the internet. It's very simple to do - it's a form called a "claim of exemption" with a financial statement. It has a list of possible bills like rent, utilities, laundry, food, phone, TV, tuition, medical premiums, orthodontist, etc. List all your expenses, then put down your net take home money per month and whatever is left is what they can garnish. Make sure u max out your expences for "neccessities for life" like food, utilities, rent, medical, transportation (car insurance, gas, etc.). Put zero for entertainment. On the part where it asks what you think u can afford to pay put nothing. Then, u drop it off at the sheriff's office, levy department, and they submit it to the court. Oh, you send a copy to whoever is garnishing your wages to give them a chance to turn down your offer asking to be excused to pay anything due to financial hardship. The court will accept your claim of exception and put a new amount to be garnished of either zero or something. The court changed mine from 25% per pay check of my net to $5.00 per pay check. It's very, very easy - if u need help, email me.

Lorlor

ScottGem · May 18, 2007, 12:57 PM

Originally Posted by lmagsanay

last year a credit card won a judgment against me by default because I never showed up at the hearing. Then, my paycheck was garnished without notice. But, I filed a claim of excemption. I downloaded it off the internet. It's very simple to do - it's a form called a "claim of exemption" with a financial statement. It has a list of possible bills like rent, utilities, laundry, food, phone, tv, tuition, medical premiums, orthodontist, etc. List all your expenses, then put down your net take home money per month and whatever is left is what they can garnish. Make sure u max out your expences for "neccessities for life" like food, utilities, rent, medical, transportation (car insurance, gas, etc.). Put zero for entertainment. On the part where it asks what you think u can afford to pay put nothing. Then, u drop it off at the sheriff's office, levy department, and they submit it to the court. Oh, you send a copy to whoever is garnishing your wages to give them a chance to turn down your offer asking to be excused to pay anything due to financial hardship. The court will accept your claim of exception and put a new amount to be garnished of either zero or something. The court changed mine from 25% per pay check of my net to $5.00 per pay check. It's very, very easy - if u need help, email me.

Lorlor

First, thanks for relating your experience. However, such a claim is probably state regulated and may not be applicable to all states or treated so nicely. Second, did you notice that there has been no activity on this thread for almost 9 months! Please check the dates before responding.