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P. Simmons
P. Simmons, Lawyer
Category: Employment Law
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Experience:  Employment Law Expert
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Legally, how can I dodge garnishment of my wages, after a

Customer Question

Legally, how can I dodge garnishment of my wages, after a judgment is awarded the plaintiff? An old hospital bill is the base matter!
Submitted: 10 months ago.
Category: Employment Law
Expert:  P. Simmons replied 10 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Bankruptcy is a way to avoid a judgment.

And, frankly, if you have income, short of going back to court, it is likely the only way.

If there is a judgment, it can be enforced. If there are problems with the hearing, you could file an appeal and seek to vacate (toss out) the judgment. That would remove the judgment and the requirement to pay.

There is no "magic bullet" here...by design.

If there were, it there were some way to avoid paying a valid judgment that was easy to accomplish and did not carry the stigma of bankruptcy? Frankly, that would undermine the judicial system (since it would not make sense to file suit if there was a way the defendant could prevent paying)

Now...there are limits on the garnishment process. They can only take up to 25% of the income. And there are thresholds (if you make less than approx $900/mo, you would be exempt from garnishment).

And bankruptcy would remove the requirement to pay the judgment.

But if you are looking for a way to avoid paying based on income over $900/mo? Frankly...short of vacating the judgment or seeking bankruptcy? Frankly that will not likely happen

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that there was some magic bullet you could use to keep from paying, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 10 months ago.

Follow up. I see you had the chance to review my answer. I know it was not what you wanted to here...again, i am sorry for that

I wonder did you have follow on questions? If not, please rate the answer as that is the only way I may receive credit for my work.