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What would qualify as a hardship defense to stop wage garnishment?
Wiki User
∙ 15y ago
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.
Wiki User
∙ 15y ago
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What is the maximum wage garnishment in the State of Alabama and would is a garnishment dischargeable in bankruptcy?
The state uses federal garnishment guidelines which would be a maximum of 25% of disposable income with the first $154.50 of weekly salary exempt from garnishment. The 25% only applies to creditor garnishment, it does not apply to court ordered child support, tax arrearages, and in some cases spousal maintenance or personal injury awards. Garnishment for those issues can be as much as 50% depending upon the circumstances and the decision of the judge. Wage garnishment for creditor debt can be eliminated in bankruptcy. Garnishment for the other issues cited such as child support cannot.
How do you receive amount balance on a garnishment?
Contact the collection agency that is doing the garnishment, .I would also ask them to email you all the documents as we'll. Keep for your records.
You have a Parent loan in your father's name your mother has been paying but is now disabled Do you qualify for loan forgiveness due to hardship with only one working parent?
Your mother is not a legal party to the loan in any way whatsoever. You or the borrower would have to be disabled.
What are judgment excepts to credit card company garnishment?
For California, look in court forms web site and look for judgment exceptions to garnishment. I would do an attachment, but this is not an email. ==========================
How do you write a financial hardship letter for oil spill?
Just be honest. I work for a lender and underwriters do not want form letters when it comes to things like financial hardship. They would like to hear in your own words what specifically caused the hardship and why.
Can you decrease wage garnishment if it is causing you to get evicted from your current residence?
The person involved should petition the court where the garnishment order was granted to have the garnishment lowered due to it creating an "undue hardship." This appeal is only applicable if the garnishment is for creditor debt, it would not apply in cases of child and/or spousal support orders.
How can you stop student loan garnishment if it will cause extreme hardship on your family?
*************************** From student loan GUY at www.studentloanfundamentals.com You can surely challenge the garnishment IF it is causing financial hardship... Here is how to stop the garnishment: Financial Hardship: You can challenge the garnishment by submitting what is called a "financial statement". Along side with the financial statement you would want to submit all of your bills and expenses. (Remember they consider credit cards, Timeshares, and such as luxuries) If you have medical bills or medical problems make sure that you include proof of this... Non-Financial Hardship: Negotiate a minimum payment that is a qualifying amount for the "Rehabilitation payment program". This is going to sound silly but hear me out.... MAKE PAYMENT ON TOP OF THE GARNISHMENT.... after 9 months your garnishment will cease and you will have most of your collection fees waived... Best of Luck... Mr. K Rogue student loan collector
If you receive a notice that wages will be garnished for a student loan. What should be done?
If you voluntarily pay them more then they would get garnishing you, faster then they would get it from garnishment, they may choose not to garnish.You can also appeal the garnishment and attempt to prove it would cause you undue hardship. You would need to provide documentation of all household income and expenses. Appeals can be made at any time, but will not stop garnishment while pending unless they're received by the loan holder within 30 days of the date your garnishment notice was sent.
If sued for a credit card debt and there are not any assets will wages still be taken even if it causes hardship?
Decisions concerning wage garnishment and the amount that can be garnished are left to the presiding judge. The maximum amount under federal law is 25% of disposable income with the first $154.50 of weekly salary exempt from garnishment. Many states have established garnishment laws where the percentage allowed is lower than the federal; the lowest percentage is the one that is applied. All garnishment action is subject to appeal and modification if the garnishee can present proof that it would constitute an "undue hardship" on themselves and/or dependents. There are four states that do not allow garnishment for creditor debt, Texas, Pennsylvania, N.Carolina and S.Carolina. Several states such as Florida have limited garnishment laws making such action difficult to enforce.
What is an undue hardship petition?
This is a petition filed by a student loan debtor in 2 circumstances: 1) to appeal administrative wage garnishment on the grounds that is poses an undue hardship to the borrower or their Dependants, or 2) an adversary proceeding in bankruptcy court where a debtor attempts to prove that their student loans should be permanently discharged because repayment would cause undue hardship to them or their Dependants. Under both circumstances, the borrower bears the burden of proving that exceptional financial hardship make them temporarily(for the first) or permanently(for the latter) unable to make the minimum payments required by their student loan agreements. Please search "administrative wage garnishment" and "student loan bankruptcy" for more info applicable to you.
How do you write a garnishment dispute letter?
The procedure would be to file a motion in the court where the garnishment was ordered to request the writ of garnishment be vacated or amended.
How do you stop wage garnishment in California?
To stop wage garnishment in California, you can take the following steps: 1) File a Claim of Exemption and Request for Hearing form within 10 days of receiving the garnishment notice. 2) Provide proof of income, expenses, and supporting documentation to support your claim. 3) Attend the hearing and present your case before a judge to demonstrate that the garnishment would cause financial hardship. 4) If approved, the judge may reduce or stop the wage garnishment.
Is income from a garnishment taxable?
Income from a garnishment is just as taxable as the same income would be if the person had paid the bill in the first place without the need for garnishment.
How do you abbreviate garnishment?
If I wanted to abbreviate garnishment it would be something like grnshmt. It is not exactly a common abbreviation.
Can you get your license early?
It would be ususual but may be possible IF YOUR STATE ALLOWS IT. If you already possess a permit and can demonstrate a hardship that might qualify you for early issuance, you can ask your DMV for the proper way to proceed with such a request.
Can you file Bankruptcy to forgive student loan default?
Only if you can prove repayment would cause an undue hardship to you or your dependants. You have to file an adversary proceeding within 60 days of your regular petition. A lawyer would charge substantial additional fees for this action, and many will try to talk you out of it. Most debtors do not qualify for the undue hardship exemption. There is quite a bit of info about it online.
Would a state or federal garnishment be less as applied to a student loan in New York state?
The maximum federal garnishment is 25% the maximum NY state garnishment is 10% (this does not apply to child support or spousal maintenance). Therefore the state garnishment would be the lowest, but if the student loan(s) are federally subsidized the law may allow for the higher federal garnishment to be used depending upon the person's financial status. Such issues as being disabled, head of household, and so forth would be a factor in the percentage of garnishment allowed.
