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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.