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I recently started receiving a nearly $400 garnishment out of my paycheck without any notice. Can I get this amount changed?

Asked over 2 years ago - Atlanta, GA

I noticed money missing from my paycheck and after some investigating found that I was subject to about a $400 garnishment from a credit card debt. I wasn't aware or notified of this beforehand. I found out the debt was just over $4000. The only credit card I had was over 10 years ago and I believe the max was $300. I intend on taking care of this debt, but $400 a paycheck will make me homeless. I have found the law group that did the garnishment and keep leaving messages without return phone calls. Do I have any ground to fight at least for a lower garnishment?

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Thanks Mr Weiss. The problem with getting an attorney is that the law is set up to help only the rich. Like many of the poor, I cannot afford an attorney, therefore, I am walked all over by those with money to do so.

I found out it was on a credit card with a maximum of $300. Contacted the lawyers in charge of the case and they did not care about anything I had to say and just that I needed to pay my debt. I completely understand that and will be glad to do so. My debt is no where near $4000. I was never contacted regarding this garnishment so I could negotiate this. I want this issue to be solved reasonably and do not feel it has been done so. I also feel I have no say so and I am being taken advantage of. I'm not trying to get out of paying any debt at all. I know I do not owe $4000.

Thank you Ms. Seymour. I'm not interested in bankruptcy. It would cost me a few thousand to hire an attorney to do so.

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Attorney answers (2)

Angela Williams Seymour

Reputation Level 6

Answered over 2 years ago. Bankruptcy Attorney in Atlanta, GA.

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I know it is very frustrating for this to be happening to you. Have you considered bankruptcy? In a Chapter 7 case, you may be able to avoid the judgment lien and not pay back any of that debt. In most Chapter 13 cases, you would pay a small percentage of that debt back. Think about it. Bankruptcy does not carry the stigma that it once did. This is one way to make sure that this debt is handled fairly.

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Brett D Weiss

Reputation Level 14

Answered over 2 years ago. Bankruptcy Attorney in Greenbelt, MD.

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The amount of your pay that can be garnished is set by statute, so it is unlikely that you can get it lowered. You should speak with a local attorney to see if the judgment may be able to be set aside.

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