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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
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.
The sheriff is not the person that the debtor needs to contact. The debtor must send their response to the court that issued the garnishment order. In many cases the judge will amend a garnishment amount if the debtor qualifies as "head of household" and can prove the original percentage constitutes a hardship to the family. Bear in mind that under federal law the first $154.50 (based on weekly pay) is exempt from garnishment.
You can definitely challenge the garnishment if it causes financial hardship to you or your family members. You'll have to be prepared to show proof of your hardship situation. When providing documents they will have to see monthly and annual income and on top of that, you'll have to provide them your household expenses (Bills and such). Remember they will consider cable, time shares, and credit cards as luxury expense so be prepared to show them only your necessities. Here are the possible outcomes... 1) they will suspend garnishment for 6 months... 2) they will reduce your garnishment amount... 3) they will calculate a voluntary payment amount you could pay 4) They will deny your appeal... 5) they will ask you to make payments on top of the garnishment.
The Smith family faced a huge hardship.
yes. to travel to Africa you need to obtain a visa. it can be a visitors, student, work, or hardship, meaning family or personal emergency.
Walking home was a hardship. Many people face hardship all their life.
Prejudice and family hardships
my husbands checks have been garnished now for a year and a half he has paid about 10,000 and now they want to garnish our intire tax refund and we are in over our head in debt we got a foreclosure letter that if we dont pay 4,000 we will loose our home the only way we can stop this is to use our income tax refund is this enough grounds for extreme hardship on your family
yes. to travel to Africa you need to obtain a visa. it can be a visitors, student, work, or hardship, meaning family or personal emergency.
No. That is not a breach by the landlord.
it was a hardship. work was done as a family.
In my opinion I think Yes the Great Depression hardship strengthened the families bond because families idk