one income family can't afford 2 garnishments.
Estate Planning Attorney
If the garnishments are for civil judgments in CO, they stand in line and leap-frog over each other. The first garnishment is good for 180 days and can be renewed. The second garnishment won't pay unless the first one is paid off, or has expired after 180 days. Then the second garnishment moves into first place, and when the first creditor sends a new writ, it then stands behind the second until the second is paid or expires. The effect is that if the creditors continually renew their garnishments, you will consistently see the 25% of net wages taken from your pay until both creditors are paid. You may want to consult with a bankruptcy attorney; in my experience when you have more than garnishment hitting, bankruptcy is often a good solution.
Mr. Landy is admitted to practice in the State of Colorado. All responses are of a general nature, and are according to Colorado law.
If you are asking about garnishments resulting from different collection lawsuits then no, you will be dealing with only one garnishment at a time. They can, however, be successive which means with multiple judgments your wages could be garnished for a long time. If you are asking whether each spouse could have a garnishment of his or her wages at the same time then the answer is probably a yes.
If you are struggling with multiple debts that you have been unable to pay and that are going to judgment in court proceedings you might benefit from scheduling a consultation with a bankruptcy lawyer to try to determine whether that might be a reasonable solution to your debt troubles.
Perfect, textbook answers by both of my colleagues, It is totally dependent on the "type" of garnishment. If they are both civil judgments and garnishments, then there should not be two going on at the same time. However, if one is a wage assignment for child support or maintenance by a spouse, then that could be going on at the same time as the garnishment in a civil case.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
Generally, most creditors may only garnish 25% of your net disposable wages. In most cases one creditor will take that much, but if you are - for example - at the end of a garnishment by creditor no. one and it does not take the full 25%, then a second garnisher could theoretically take the difference, up to the 25%. If child support is shown as a garnishment, it will always have priority and will probably exceed 25% [by statute]. If it is listed as "wage assignment," however, your employer may not treat it as a garnishment and may allow a regular creditor to garnish on top. Change the CS designation if possible
Answers are general only and do not consider the actual and particular circumstances of the questioner
2 lawyers agree