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Law Girl
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Category: Bankruptcy Law
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Have debt issues. Advised to take care of important issues ...

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Have debt issues. Advised to take care of important issues first. Left a loan go to long. They are garnishing a large amount, am unable to keep up with others and my mortgage, with them taking so much. Did not realize that there must have been a court date. I thought you had to be personally served. Can not afford an attorney also. Is there some kind of form I can send to the courts to contest this.

How much is the debt and what state are you in?

Customer: replied 8 years ago.
The loan started out at $6000.00 and has been raised to 8000.00.
Was trying to consolidate and was told today it was not possible, because it already was court order.
I had offered to pay an amount, which was the same amount I am paying on another loan, and the attorney had said no. Told her I could go up higher by 80.00 , then she said no. Had to be 300.00 something or the whole thing.
Want to avoid bankruptcy, but do not no if I can, Is hard to justify, but they are just taking to much. This month they took 600.00, which is now affecting all other bills and mortgage.
Customer: replied 8 years ago.
State of Minnesota

DearCustomer

Thank you for your question.

If you would like to contest the amount of the debt, you may need to file a motion to vacate the default judgment taken against you. Unfortunately, there will not be a form for this, it will probably require you to write a motion setting out the reasons for the default or asserting improper notice, if you did not feel that you were served correctly.

If you are trying to decrease the amount of the garnishment, then that may require a motion to reduce the amount garnished from your wages. Keep in mind that Minnesota Statute 550.136 and 551.06 governs wage attachment. The maximum part of an individual's disposable earnings for a pay period that can be garnished may not exceed the lesser of: 1. 25% of the disposable earnings, or 2. The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage. The portion of your earnings which are not subject to a wage garnishment are also exempt from garnishment for 20 days after they have been deposited in any financial institution, whether in a single or joint account.

Because these motions are factually specific, they are generally not usually done on a from basis.

You may consider speaking with a local consumer law attorney to explore your options. A consumer law attorney may be able to help you communicate with counsel how close you are to bankruptcy and impress the importance of being able to lessen the wage garnishment.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

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