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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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I just received a notice of writ of garnishment for an old

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I just received a notice of writ of garnishment for an old medical debt. This debt had been paid on, slowly, but my mother (who was also on the original account) listed it with a debt payment service, and I had been instructed to let the debt management company handle it. They didn't. It was one of those companies that you have to deposit thousands of dollars then they pay off large debts for a settled amount. They hadn't got around to that one, meantime, the company sued me. I settled for payment each month. I teach. Between not having a paycheck in July, and the start of school stress, I just plain forgot it last month. I've had no notice or anything, just this in the mail all of a sudden.
I'm barely making ends meet now. Could I lose my job? How much can they take from my monthly salary--if they take $2500, I will literally be on the street--couldn't pay rent, car payment, food, insurance, nothing. What can I do?.

Hi, my name is XXXXX XXXXX I will be glad to assist you,

 

 

I am sorry to hear of the difficult situation you are in. Each State has there own laws on the maximum which can be garnished from a debtor's wages. Please gie me a few minutes to see what Arkansas law allows as the maximum which can be garnished and I will be back momentarily, Okay ?

 

 

Thank you,

 

 

Customer: replied 3 years ago.
Ok, thank you.

Hi, Kimberly,

 

 

You asked,

 

 

Could I lose my job? How much can they take from my monthly salary

 

Answer

 

1. Under Arkansas law, an employer cannot fire an employee simply because the employee's wages are being garnished, provided that the employee has not had more than one wage garnishment in any 12-month period. If there are other reasons for terminating the employee such as job performance, then the employer can still terminate the employee, but if there is no other reason, except the wage garnishment, the employer cannot terminate the employee.

 

2. Under Arkansas law, a creditor must sue the debtor and obtain a judgment before he can garnish wages. Once he becomes a "Judgment Creditor", he can serve your employer with a Writ of Garnishment, but the maximum that can be garnished is 25% of your disposable income (after taxes).

 

 

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ANDREA

 

Andrea, Esq. and 2 other Consumer Protection Law Specialists are ready to help you