Is there a hardship form that can stop a wage garnishment??

Asked over 2 years ago - Athens, GA

I am the sole provider for a family of 4 and I make 21,000 a year. I previously paid on a garnishment(2120.00)and paid more that the original garnishment amount(1689.00) Now they are garnishing me again(1986.00) and this time I am paying the interest, which is 2 1/2 times the original garnishment amount. I can't get a return call from the attorney who is representing the credit card company that is garnishing me. The court date for all of this was in 2006 and I did not go because I was in the hospital having my son. I am frustrated because I am trying to make things right, but I will not be able to pay may bills after they take out $360 a month for this garnishment. Is there anything I can do to stop this??

Attorney answers (3)

  1. Robert Allen Kaiden

    Contributor Level 8

    Answered . You may be able to "traverse" the garnishment. I would recommend, based upon your income for a family of four, that you contact Georgia Legal Services for assistance.

    For more information about my law firm, please visit kaidenlaw.com and contact me directly.

  2. James W. Hurt Jr.

    Contributor Level 6

    Answered . When I handle these types of matters, I proceed in the following manner: First, make sure service of process is sufficient on the defendant/debtor. Second, make sure that the underlying judgment is proper. Third, make sure that the garnishment has been filed and served properly. Finally, make sure that the amount seeking to be garnished is within the limits of Georgia garnishment law. If all of that checks out, and if the debtor can afford to do it, I would negotiate with the debt collector and seek a lump sum payoff of the debt at some percentage less than the full judgment and interest amount.

  3. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . State law provides a maximum that can be garnished and what can be garnished. Some funds like social security are off limits. Everything else can be taken. It does not matter if the garnishment produces a hardship. Consult with a local bankruptcy attorney for help.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice.... more

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