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    Becca65's Avatar
    Becca65 Posts: 1, Reputation: 1
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    #1

    May 10, 2007, 04:13 PM
    Wage Garnishment for Small Claims
    I have a few credit card debts that I have been unable to pay. I am now being sued, as I expected. I have made arrangements with 2 debtors, but am being summoned to court for others. I can't afford to pay them all at the same time. Is there any way they can garnish wages for a single mom who dosen't make much money? Thanks for any help.
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
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    #2

    May 10, 2007, 06:06 PM
    If you are earning minimum wage or higher, the garnishment will take 25% of your "expendable" income. Expendable income is any income after taxes are taken out.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 10, 2007, 06:51 PM
    The rules on garnishment vary greatly ( very greatly) from state to state here in the US. For example in TX at my last check, they can not garnish your check there at all. In some states they have protection on low income and certain income is exempt. But in most, they will be able to get 25 percent of your income. ( the before or after tax will also vary from state to state)
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
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    #4

    May 10, 2007, 07:36 PM
    In some jurisdictions you may be able to ask the court, usually by way of a motion, to have the garnishment percentage reduced if you can show that it would otherwise cause you hardship.

    Additionally, if you have multiple creditors seeking to garnish your wages the proceeds from your pay are usually divided equally among the creditors until they are all paid in full.

    Our concern would be that under either scenario the amounts being remitted to the various creditors may not be enough to even cover the high interest charges often associated with credit card debt.

    You may want to look into credit counseling or bankruptcy.

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