Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
How much is the debt and what state are you in?
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).