We filed bankruptcy in March of 2009 and our house was foreclosed in the same month, my bankruptcy attorney did not inform me that we were still responsible for the HOA fees, now the HOA has a judgement against us and have filed a writ of garnishment against my wages. I am the only one working in my household, we have also have a daughter in college living with us and my husband has been out of work for almost 2 yrs. Can they garnish your wages regardless of the financial plight it would put you in? Is financial hardship enough of a reason to request a hearing?
In Arizona, the most they can take from your wages is 25% each pay check. You should request a hearing and ask the judge to lower it. Most judges will lower it to 15% if you file an answer and let the judge know it will create a hardship.
Real Estate Attorney
The answer to your question is that financial hardship is not relevant to the question of whether wages can be garnished, but it is relevant as to the amount that can be garnsihed. The above attorney described the limit of garnishment due to hardship.