I have judgment and garnishment

Asked over 1 year ago - Glendale, CA

every two weeks they diduct from my paycheck $40 for about over 5 years
now last two paychecks i saw is deducted $173
is a payroll mistake or is something from court i didnt recieved any papers or changes

Attorney answers (3)

  1. Sandra Maria Nutt

    Contributor Level 13
    Best Answer
    chosen by asker

    Answered . Have you tracked the totals and made note of when it would end? Have you asked HR or the Judgment Creditor? Start there. Do everything in writing if you can so you have a paper trail. Obviously HR can be done by phone or in person, but keep a record of what you are told, and ask for verification of these changes.

  2. Brett Francis Bodie

    Contributor Level 9

    Answered . I would have to see the pay stubs to try to figure out why the garnishment increased, and even that may not explain it on its own. Just so you're aware, a bankruptcy case can end most garnishments (all types should stop at least temporarily). You should see an attorney to see if they can help get the garnishment stopped altogether.

    Nothing contained in this message should be construed as legal advice.
  3. Robert Harlan Stempler

    Contributor Level 19

    Answered . Wage garnishment is calculated on a percentage of net take-home wages (after taxes) above the Federal Minimum Wage on a 30-hour work week. Did your net wages increase recently? My legal guide on Avvo explains in detail how to lower this amount to make the amount bearable and fair, as well as suggesting other options to bearing this for years, which is costing you money, as the judgment accrues interest and the costs of the Sheriff and other costs are passed on to you.

    I blogged about almost this exact same situation as you described and my thoughts on what could be done about it. The link to that blog is the second link, below.

    If you contact my office for a free consultation, please mention this posting on Avvo.

    Robert Stempler (please see DISCLAIMER below)
    Twitter: @RStempler

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more

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