Thursday, December 8, 2011

How do I know if I'm at risk of my money being garnished? How much can be garnished?

I am currently a resident of Washington state though I've been trying for the longest time to move to California. I am waiting until the move is final before I look into getting advice for declaring bankruptcy or consolidating all my debt.





Do I have to be sued in court in order for my money to be garnished?


How much of my savings or income be garnished at one time?





A friend of mine said she had all her money garnished without warning for an old debt and is now unable to pay rent and may become homeless. I don't think it's right to take all of someone's money or all of their check and make them homeless and starving with no money at all left over. I can understand garnishing a portion of your savings or pay checks, but not all of it. Can all of it be garnished?





Any info on the subject of savings and wages garnishment is appreciated. Also, if you can cite your source that would also be appreciated.|||You have to be sued and have a judgment from the court for wages to be garnished, unless it's the government.



If you are not moving for a job, that can be suspect - that you have the money to move when you claim to be broke and that you might be looking for better laws on issues like garnishment, which can vary by state.



They can garnish a certain percentage of your pay, I think it's 25% in California, at least it used to be. However, you can do paperwork to reduce that amount if it leaves you unable to pay minimum bills like your mortgage, feeding your family, etc. Luxuries like cars and such may not fall under the exclusions.



As for your bank accounts, usually there is a certain amount you can have, but it's not much and it depends on the state. However, if you have money in your bank account, I have to wonder why you don't use that to pay your debts.



If you have more than one car, or your one car is worth a lot (like over 3K) they can get that.



Your best bet is to contact the people you owe money to and see if you can work out a payment plan. Most places will work with you, especially medical facilities. The ones that get mad are the ones you never contact to work things out with. I've seen people make offers of $5 a month and it gets accepted as long as you are doing something.



It's better for your credit to not do bankruptcy and to actually pay off the debts, even if it takes awhile.|||i owed back taxes...like 400 dollars they took 100 a paycheck until it was paid in full..this was in nc...i didnt get a notice..it just came out and when i asked at work we tracked it down to the taxes|||The state of Washington can take up to 50% of your gross income in garnishment. This is 50% of your total income, before taxes are taken out. You do NOT have to be sued to have your wages garnished, in certain circumstances. Usually, you will have been sued and have just not responded to the lawsuit. I need more information to give you a more accurate answer. For instance, why would your check be garnished? To whom do you owe payment, and for what? Where did the original transaction occur? These will determine what court has jurisdiction and which laws should be applied. You may have agreed to use a certain state or federal court for litigation when you made a contract (credit card companies always do this).

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