If I can't pay my rent because of a wage garnishment can a lawyer stop the garnishment?

Question

If I can't pay my rent because of a wage garnishment can a lawyer stop the garnishment?

Answer

There are different types of debts that can be collected through wage garnishment in most states. Private debt includes medical expenses, loans, private student loans and credit cards. Other types of debts can also be garnished including government student loans, child support or any type of state or federal taxes. The amount of the wage garnishment will depend on your income level as well as other garnishments that may be in place. In states that allow wage garnishment for repayment of debts the total that can be withheld is between ten and twenty-five percent of your earnings. This is the maximum allowed regardless of the number of creditors or the number of garnishments you have.

While wage garnishment amounts are limited based on a percentage of your income they still can cause extreme financial hardship. An attorney can help you to file an exemption to show cause of why the garnishment is not feasible. This document that must be filed with the court after the judgment will provide specific financial information to the court to allow them to modify the judgment. It is essential to accurately report this financial information as well as document your living expenses. In some situations filing for bankruptcy, which may also be an option for stopping wage garnishment, is the only way to deal with the financial responsibility for repayment of the debt. This option could also allow you to have your full earnings and keep your rent payments current.

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