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Can you fight it if after an auto repossession over 4 years ago there is now a garnishment judgment against your pay for no more than 25 percent of your disposable earnings?


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2015-07-15 21:45:25
2015-07-15 21:45:25

The time to fight it was when you got notice to go to court about the judgement. Now they have it because you lost by default. It means they will take 25% of whats left after the court decides how much you need to pay rent,food,ect. they cant make you starve but you wont have any money to go to the casino with. LOL

They will take 25% of your income. If you are intending to file for CH 7 protection, your time is now. You can search the Internet and find sites that charge $175.00 to prepare your papers. Then, once the papers are complete, sign them and deliver them to your local bankruptcy court with a filing fee (usually around $200.00). Go to the trustees meeting and your done. Save hundreds and even thousands of dollars by filing on your own. good luck.

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Yes, if the lender wins a lawsuit judgment they can execute the judgment as a wage garnishment. Georgia follows federal garnishment guidelines of a maximum of 25% of disposable income with the first $154.50 (weekly based) being exempt from garnishment action. A valid garnishment is generally imposed until the debt is paid.

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If the lender decides to sue the borrower and wins a judgment, the judgment can be executed as a wage garnishment

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File suit against the debtor in the appropriate state court in the county where the debtor resides. If the plaintiff wins a judgment they can execute the judgment as a wage garnishment against the debtor. New York allows a maximum of 25% garnishment of disposable income by a judgment creditor.

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Certainly, as long as the income belongs to the judgment debtor. A judgment creditor could not enforce a wage garnishment against co-debtor spouses simultaneously. Wage garnishment must run consecutively no concurrently. Likewise a judgment creditor could not execute a wage garnishment against dual income of the judgment debtor(s). For example, if the debtor worked two part time jobs the garnishment could only be enforced as a singular judgment against one of the earnings.


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