Has anyone tried to get a garnishment lowered? We got a hearing called a debtors request for a hearing because of a garnishment order due to a judgement. Do we stand any chance at getting them to reduce the garnishment from 25 percent to lower? Anyone know? Thanks.
You have to work with your HR dept and explain your case. They will go to bat for you. It's part of their HR Creed. Emplyee workforce mumbo jumbo.....
I thought it was only legal to garnish up to 15% of wages??!! I got garnished before and they took "the maximum 15%" (this was the wording on the order to garnish I think).....any further info from anyone??
Here in Louisiana it is 25%. Backspace is correct. You can also bring all of your bills and prove that it would be a hardship to garnish that much. I know that once the garnishment has started, you can call the person handling the garnishment and ask them to reduce it. I saw somewhere on this board that people can become 'judgment proof' and 'garnishment proof', and still have a job, but I cannot find it.
You stand a very good chance of having it reduced if you can show the court that your necessary living expenses vs your income would not allow a reasonable standard of living if 25% of your take home pay were deducted.
Years ago my friend had his wages garnished. His net pay was $1865, they took $1400 and left him $465. The next cheques they took $1k even until the debt ( 26K plus )was paid. He tried to get it lowered but was not successful. This happened in British Columbia Canada for your info.
I Keep stressing to you that Human Resources will have your back. I had a garnsishment about 2 yrs ago, and I met with HR and eventhough the person who's garnishing you has a lot of legal % mumbo jumbo, your HR generalist has ways around that Legally might i add. On the surface these are things you won't know about, but when it becomes wage sensitive they have to assist YOU! HR can't allow your job satisfaction to suffer because of this, and another thing The Job is Safe they can't discipline or fire you or prevent you from getting promotions or raise because of this. Damn you're talking about a lawsuit. In GA that very thing happened, i wished i could find the case, but it was shown to me when i was going thu the garnishment because i was up for a promotion. I know it looks gloomy, but if you can put on your best acting job things will be ok as far the %. In GA it's 10% Good Luck to you
Marcy1973, Check this site, as it has info on garnishment. The rates to vary by state. http://www.carreonandassociates.com/garnishments.htm
