Hi - My wages are being garnished from a judgement against me for two old credit card debts. The same law firm sued me for two seperate credit cards and since I fell behind in the payments (I admit thats my fault) they want to garnish my wages. I have a question though, I know that they can take up to 25% of your disposable income, but since they technically have two judgements against me, can they take 50%? Also, I have a son (Im not paying child support since Im still married) but would that be an exemption? Thanks.
Chapter 7 Bankruptcy Attorney
The maximum cap on wage garnishment is all that can be taken regardless of how many judgments there are. However, certain debts have priority over others, such as child support and income taxes. Therefore, regardless who gets to your wages first, these priority debts can step in and push the other debt behind them in line.
If there are no priority debts, whoever gets to your wages first continues to garnish until the judgment is satisfied in full. Once this happens, the next judgment can come in and garnish until that amount is satisfied.
I'm not sure I understand what you mean by exemption on your son.
4 lawyers agree
Family Law Attorney
No, they can't - there can be multiple garnishments, but the cap is 25% total. There are no "exemptions" for having a child in order to lower the amount available for garnishment
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Landlord / Tenant Lawyer
The cap applies to any and all garnishments as do the exemptions.
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