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Garnishment refers to monetary recovery usually in the form of wage or bank account garnishment. Creditors are awarded judgments when they prevail in a lawsuit, judgments can be executed in several ways, garnishment of wages or levy of bank accounts, liens against real property and the seizure and sale of non-exempt property belonging to a debtor. All states have a set of exemptions that can be used by the debtor to protect real and personal property. It is highly unlikely that a creditor would attempt to enforce a judgment against items such as household furnishings even if the state exemption did not fully cover the items. Exemptions that are used to protect property against creditor attachment relating to a judgment are the same as those used in bankruptcy. There are also federal non-bankruptcy exemptions that can be used in certain circumstances.

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Q: If there has been a garnishment and you owe money on a car you turned in can they come in and take personal home furnishings to cover debt if you are unable to pay?
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What would qualify as a hardship defense to stop wage garnishment?

The law does not recognize "hardship" as a valid defense against the execution of a judgment writ in any manner including income garnishment. The judgment debtor/garnishee can file a motion requesting the lowering of a garnishment amount due to the fact that it constitutes a 'hardship' upon themselves and/or their immediate family. An example would be the maximum garnishment (25% of disposable income) granted against the head of household that results in she or he being unable to properly clothe, feed, house, provide medical care, etc. for his or her dependents.


What happens if a man is unable to pay his debts?

When a person has financially reached a point where no matter how much positive cash flow is coming in, it will not or cannot pay down debt, it's called being Bankrupt. If a person cannot pay down their debt, several things can happen.A delinquent account can be turned over to a collections agency, the negative equity (the value outstanding) can be reported to any credit monitoring companies (lower credit score/inability to obtain future credit/loans), and that person can be sued to collect the outstanding debt forcefully (liens and garnishment).


If your parents are unable to come up with the EFC can you ask for your Stafford Loan to be increased to cover your parent's share?

Not to my knowledge, you can't. However, if your parents apply for a PLUS loan and get turned down, you may qualify for $4,000 more, but that's it. You can look into alternative loans, but most of those do require a cosigner.


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The law does not recognize "hardship" as a valid defense against the execution of a judgment writ in any manner including income garnishment. The judgment debtor/garnishee can file a motion requesting the lowering of a garnishment amount due to the fact that it constitutes a 'hardship' upon themselves and/or their immediate family. An example would be the maximum garnishment (25% of disposable income) granted against the head of household that results in she or he being unable to properly clothe, feed, house, provide medical care, etc. for his or her dependents.


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