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Question about garnishment of wages - MoMT


Posted: Nov 10, 2009

I just recently found out that my wages are being garnished.  I knew it was coming and I decided maybe it wasn't a bad idea in order to pay back this debt.  The problem is they are taking 20% of my disposable income which is a considerable amount!  I am a single mom with two kids and 20% is simply too much and doesn't leave us much to live on.  I did my research and found that in the state of Missouri if you are head of household and the only income, a creditor can only take up to 10% per paycheck.  So now that I have my ammo, I'm not sure who I contact?  I could call the creditor, but will they simply reduce the percentage on my say so?  Or do I need to file something in court?  If so, what court, how?  I'm totally clueless.  This is the first time this has ever happened to me, so I'm not sure what steps to take.

Thanks!

I would suggest you contact a lawyer ASAP. - Ginger

[ In Reply To ..]
Or if you can't afford a lawyer, maybe check out nolopress.com. They have a great book on the laws around debt and they list them state by state. It's helped me in the past.

I'm sorry this is happening to you and your kids.

Being single with 2 kids is no excuse for not paying bills - Linda

[ In Reply To ..]
My exhusband was garnished 1 time and he got home with a check for $00.00. Be thankful you wound up with something. If not making enough, take on extra work, pay something towards the bills or call to make arrangements, don̢۪t ignore them.

Agree. Most places will work with you before - jf

[ In Reply To ..]
you ever get to the point of garnishing wages, even if you make an agreement to pay $10 a month and consistently pay it.

First of all, I had made pmt arrangements and was making pmts - MoMT

[ In Reply To ..]
I missed one payment in the month of September and the creditor immediately started garnishing my wages!

I'm not trying to "make excuses." Why would I post on a board and make excuses to total strangers? I am also not trying to fight the garnishment, I just want to figure out to lower the amount they take! I have no problem with the idea of paying my debts. I do what I can, but feeding my kids, clothing my kids, and making sure my kids have a roof over their head, electricity and hot water are my priorities and then I pay whatever freaking bills I owe with whatever money I have left. I have no guilt and I make no excuses. And I resent you lecturing me without having the slightest clue as to who I am or what goes on in my life.

Be careful of your lofty perch, Linda. The higher the perch, the weaker the tree. You just might find yourself down on the ground with the rest of us one of these days!

First of all, you did not make the pmts as you said you would - Linda

[ In Reply To ..]
You stated single and 2 kids. Why put that in the post at all? You will not have the things listed, food, roof over their heads, electricity and the like if your bills are not paid. You wind up with no money. You made arrangements and then you said you missed 1 payment. That 1 payment was when you broke your agreement. Not lofty, telling you like it is. You asked and others told. I raised my children and paid all my bills. You are no exception to a person who owes bills, everyone does that lives on this earth. Why don̢۪t you call them and ask if you can get it lowered, being as single and kids around. I am sure they hear this a lot but hey, it might work with them.
Linda, how can you be so judgmental? - gourdpainter
[ In Reply To ..]
Without knowing her or what circumstances got her in this predicament? Times are hard out there. Usually I enjoy your posts but this one has just bummed me out!!
Geez oh Pete! - Mush
[ In Reply To ..]
I'm so sorry you are in this situation. Times are hard for most of us these days. I am jobless and hurt from a car accident at the moment. I feel for you and I am sorry that people are so judgemental. I will say a prayer for you and your kids.
First of all..... - been there, done that
[ In Reply To ..]
Come down off your high and mighty horse Linda. You must not watch the news much. MoMT is in a rough situation and was just asking for help. You didn't need to get snotty in your replies.

First step MoMT is to contact the company that is garnishing you. If that doesn't work, see if you can go into the court and set up payments with them. Last resort is to contact an attorney.
I did not respond to the others but yours I should - Linda
[ In Reply To ..]
I told the truth in my first answer and also gave useful information. If people who put in I am this and that and cannot pay my bills, do you think a bill collector cares? Not in the least. I gave her at least 3 points and then she came back with a I did not need to lecture to her. She said she had paid as she stated to the creditor she would but she did not pay. SHE, not me, was the one who had the attitude and I gave her some points. I was telling the truth, creditors do not care if you are a single mother with kids, a widowed woman of 2 days, a divorced mother of a month, a woman whose husband just committed suicide yestereday. THEY DO NOT CARE. They want their money and if someone gets out of joint for my telling the truth, oh well.

What kind of creditor can garnish your wages? - Scary!

[ In Reply To ..]
x

If you owe money and are not paying it back, - kt

[ In Reply To ..]
anyone can garnish your wages, whether it be a creditor or a person. All they have to do is get a court order.

Any creditor - gourdpainter

[ In Reply To ..]
I'm not a lawyer but I think before any creditor can garnish your wages they have to have a judgment and then a court order.

they have to take you to court and get a judgment against you before they can garnish your wages - lhf

[ In Reply To ..]
s

Sorry to hear about that - Viking Fan

[ In Reply To ..]
I'm sorry I don't have an answer but I just wanted to wish you well and tell you I'm sorry you're in that position. Good luck to you and let us know how you're doing! God bless!

Since you probably cannot afford an attorney, - ht

[ In Reply To ..]
check the Yellow Pages for a Legal Aid Office. The normally have consultations for free. Every state probably has different laws.

Must be a court order for garnishment except sm - CrispyCritterMT

[ In Reply To ..]
for IRS or child support unless you signed a volunary wage garnishment. Did you do that? Did you get a notice to appear in court? If you don't appear they get a default judgment. I believe the amount they can garnish or even if they can garnish at all is dictated by state law.

Here is a site I go to all the time to get answers to questions - like yours

[ In Reply To ..]

I swear by Labor Law Talk -- laborlawtalk.com   I have them at the top of my favorites.   


They have very experienced people answering questions (not judgmental, not "I think" or "a friend of a friend told my sister-in-law" kind of misinformation). 


You ask a specific question for a specific State, and a person knowledgeable in that State's requirements answers and often times multiple people will agree or offer other information.  They will also suggest websites, etc that may be of help. 


They cover everything you can image concerning the law.  A lot of them are attorneys, but they are NOT giving legal advice, just helping people by answering questions.


I have used them for questions about what to do when an MTSO did not pay me, to what to do about taking medical leave.  They have always given me on-the-money information and did it quickly. 


You do have to sign up but you can use a moniker – do not give your real name or address.  Ask your question, and to save time, be sure to include that you are from Missouri.  Be as specific as you can.  I know most people hesitate to give much personal information, but it will probably be helpful if you include what kind of garnishment (credit card company, car loan, student loan, IRS, etc).  Someone will reply to you before you know it.  You can even be notified by e-mail when someone replies to your question. 


Here is a sample of the kinds of questions and replies that are given:


http://laborlawtalk.com/showthread.php?t=227522&highlight=missouri+garnishment


  Hope this helps.  Good luck to you.  I am sure something can be worked out for you. 


 


 

Thank you and thanks to everyone with constructive advice! - MoMT

[ In Reply To ..]
And no lectures. I feel like a complete failure and have been kicking myself since payday for being so stupid. I really just needed some sound advice and shoulders to cry on. However, I should know by now that as many good people I meet on her, there is always one or two who enjoy rubbing salt in wounds.

I have been there... Have some suggestions - lindawordlady

[ In Reply To ..]
Hi MoMT.... I read this whole thread to see if anyone addressed your questions, but I see you did a self-righteous reply from another Linda on this board. Shame on her.

You do have some options though. If this is really true about them taking 10% and you can substantiate this then get that in writing and call this creditor that is garnishing your check. I have been in your shoes 2-1/2 years ago and was forced to file bankruptcy because I was SO powerless over them garnishing my check of 20% here in Minnesota, taking money out of my bank account, etc.

I also tried to make good on all of my debt. I went through CCCA, Consumer Credit Counseling (reputable nationwide). I did send them $320 a month for 18 months and they disbursed money for my 5 credit card debt. I either lost my job or some other circumstances made it impossible for me to continue. Of course all the credit card companies kept hounding me, kept adding more interest, late fees, over-the-limit fees, and on and on it goes.

Long story and things are worse now financially than ever because of an auto accident 1 yr ago and I am in even more debt than ever... But, hold your head up high, do not let these people bully you. Obviously whoever is garnishing your check did get a judgment to do that (thru the courts). Call your state attorney general or legal aid in your town and see what they can offer you for options.

By law these bill collectors cannot continue to call and harrass you if you ask them to stop. Your attorney general will tell you that.

I feel bad that you merely asked for some advice and/or suggestions and one person in particular decided to attack you rather than help you. You do not deserve that, nor do you even have to address her vitriolic remarks. Good luck and if you need more info feel free to e-mail me thru this board here.

May get answers to your credit questions - adaisyandarose

[ In Reply To ..]
I have went through a bankruptcy in the past and found this a wonderful board to any and all credit questions.

www.creditboards.com


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