you don't
If the lender sues the borrower and wins a judgment the lender can then execute the judgment as a wage garnishment on any outstanding amount that is owed and in some cases legal fees and other expenses incurred in the recovery of the debt.
To get a wage garnishment lowered, one may file a claim of exemption. There are state laws that provide various protections that one may claim to reduce a garnishment.
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.
Missouri Waltz
Bankruptcy does not stop garnishment, it only delays it while the bankruptcy stay is in place. If the bankruptcy does not forgive the debt, once the bankruptcy is discharged or dismissed, the lender is likely to reinstate garnishment.The only way to stop garnishment is to pay the balance owed, OR list the debt as part of the bankruptcy and successfully discharge it.
what can the state take from you in a garnishment
yes request discharge and appear in court
How do I stop a wage garnishment that was ordered in Missouri but I live in Texas?
According to Missouri state statutes, a creditor can take the lesser of 25 percent of wages, 10 percent if the debtor is the head of a family and a Missouri resident, or the amount that is above 30 times the federal minimum hourly wage.
No
The abbreviation for the state of Missouri is MO.
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.
Moving to another state to avoid garnishment is not a guaranteed solution. Creditors can still pursue garnishment in the new state by following legal processes to enforce the debt. It is advisable to consult with a legal professional to explore all options for managing debt and garnishment legally.
First of all it is called the show me state and the state is... Missouri
You can only conduct a wage garnishment in the state where the judgment was entered. If the debtor lives in another state, you will need to register the judgment where the debtor lives and use the laws of that state to start the wage garnishment.
If it's a federally-guaranteed student loan, they can do administrative wage garnishment in ANY state.
The state does not allow wage garnishment for creditor debt. It does, however, allow garnishment action for child support and federal and/or state tax arrearages. In some instances it will also allow garnishment for spousal maintenance which is often determined by the circumstances the case being addressed.