What do I do if I can't pay my bills food or rent after a wage garnishment?

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Question:

What do I do if I can't pay my bills food or rent after a wage garnishment?

Answer:

Protesting a wage garnishment is one way to stop your wages from being garnished. Wage garnishments are based on your disposable income you make over the federal minimum wage, not how much you spend each month. Thus, creditors can take up to 25 percent of your wages until the debt is satisfied.

So, it you can’t pay your bills, buy food or pay rent, go back to the court that granted the wage garnishment. File a motion to protest the wage garnishment. You’ll receive a hearing in front a judge. At the hearing, you’ll argue your case against the wage garnishment. The judge will expect to you to show evidence to why you need the wage garnishment stopped. Generally, your bills are the best proof. So show your rent, utilities, child care expense and grocery bills. The judge has to options. For instance, the judge will rule in your favor and stop the wage garnishment or keep it in place.

Protesting a wage garnishment is the best option, but if the judge rules against you, speak with a lawyer. The lawyer will discuss other various options you have. For instance, filing bankruptcy will also stop a wage garnishment. Chapter 7 wipes out most unsecured debts. However, chapter 7 is for people with unstable income. Chapter 13 allows you to pay your creditors back over three to five years. Both bankruptcy chapters have an automatic stay which prevent creditors from starting or continuing wage garnishments. The automatic stay also helps stop foreclosures and lawsuits.

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