How do i get me garnishment lowered

Asked over 1 year ago - Pendleton, OR

I cant afford what there taking from me

Attorney answers (4)

  1. Jay Bodzin

    Contributor Level 20

    3

    Lawyers agree

    Answered . The law sets limits on what a garnishor can take, or, rather, what they must leave behind (no less than $936 per month for full-time employment). If you're left with less than that, and working full-time, you should consult with an attorney who specializes in consumer protection, to see about challenging the garnishment.

    Otherwise, to stop a garnishment, the only things you can do are to repay the debt, or to file for bankruptcy and discharge it that way. You can read more about this process here: http://www.northwestlawoffice.com/bankruptcy.html

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. Scot J Eliot

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Generally bankruptcy is the only thing that will stop the garnishment unless you have a basis for challenging the debt.

  3. Thomas A McAvity

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Without knowing more about your level of income and its sources, it is impossible to tell. I will say that both Chapter 7 and Chapter 13 Bankruptcy will more than likely severely diminish or eliminate your monthly outlay to your creditors. Your first step would be to meet with a consumer law attorney with a bankruptcy background to determine whether the garnishment can be challenged or the underlying judgement be vacated. Failing that, the attorney should be able to evaluate whether bankruptcy would be more a const effective option than continuing to be garnished. Good luck.

    Please consult an attorney who is licensed in your state to evaluate your case if you have any questions at all.... more
  4. Michael R Blaskowsky

    Pro

    Contributor Level 9

    Answered . Aside from the options mentioned by the other attorneys, you could attempt to negotiate an agreement where the creditor releases the garnishment upon your promise to pay a certain monthly amount (less than would be under the garnishment), understanding that the garnishment would be reinstated if you fail to pay. You could threaten to file for bankruptcy if they refuse to work with you. Sometimes that works; sometimes it doesn't.

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