How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask xavierjd Your Own Question

xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
14261217
Type Your Family Law Question Here...
xavierjd is online now
A new question is answered every 9 seconds

4.20.2013 Hello, I have a judgement against me from my ex

Customer Question

4.20.2013
Hello,
I have a judgement against me from my ex husband in the amount of $20,534.43.
I have completed and submitted the financial disclosure.
I have now as of 4.17.2013 been sent a Garnishment exemption notice and notice of intent to Garnish earnings within 10 days.
His attorney reported to me they would like to negotiate an amount rather than go through with the garnishment.
I don't have any exemptions but an the sole provider for my daughter -who is 18 her own guardian, but with a disability and is not able work right now. She has a Vocational Rehabilitation Worker who will be helping her to find some sort of work placement.
I earn approximately 57,000.00 a year and am finishing my masters in spec. education.

From my understanding Minimum wage in Minnesota is 6.15 and he can garnish up to 1/4 of my income after that. -that is approximately $600 a month.
With my expenses, if he is able to garnish this much I will not be able to support my daughter and will need to find assistance.

How do I negotiate a reasonable sum and prevent garnishment?
Submitted: 1 year ago.
Category: Family Law
Expert:  xavierjd replied 1 year ago.
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

What is the judgment for?

What is an amount that you feel you can comfortably pay per month?

Does your ex pay assist you at all with your daughter's expenses?

Thanks
Customer: replied 1 year ago.

The judgement was decided during our divorce. I owned a house prior to our marriage and after he had an affair I asked for a divorce... I had to sell my house and he refused to sign the paperwork (it takes both parties to sell in MN even if it is pre-martial assest) eventually he agreed but by then I had to come to the table with about $20,000. He wrote the check for the amount and in the divorce settlement it was decided I had to pay him back.. (no fault divorce of course)


 


He has waited a long time because I contracted west nile and was unable to work.. Now I am rebuilding our lives, am almost finished with my Masters and will finally be able to support us without the food banks and help of friends.


 


I understand that I have no option, that I do owe him, I have come to terms with that. I had an option to appeal at the time but no money for the appeal.. He is quite wealthy.. and was able to keep things going a long time.


 


A comfortable amount for me ... $250.00 a month? is that at all reasonable since he can take p to 600. ? My concern is that I am going to have to pay my student loans back starting in the fall. That is how we have been able to make it up till now.


 

Expert:  xavierjd replied 1 year ago.
Hi Retha,

Wow! It certainly sounds like you have had more than your share of hardships. But, I am SO impressed that you have been able to put your life back together and obtain your Master's degree while caring for a special needs child. So many people in your type of situation would have just wallowed in their sorrows and chose NOT to move forward. But NOT YOU! You have the inner strength to make things better for you and your daughter. I am SO honored to attempt to assist you.

When negotiating the terms of a payment plan, it is usually recommended that you communicate with your ex's attorney through letters. A verbal promise is worthless, since there is no way for you to prove that any offer exists.

It is difficult for your ex or his attorney to argue with a letter. The attorney may be nasty on the phone, but s/he can be limited to simply sending you a reply letter to respond to your letter. Further, writing a letter gives you time to develop your thoughts, present your offer and make any revisions to any prior offers. Finally, when you receive the letter from your ex's attorney, you can get the terms of their offer in writing.

You have already done a full disclosure. Prove your financial hardship. No one will agree to a monthly amount towards the payment of the debt if they believe you are wealthy. Your ex and his attorney need to realize that your financial resources are extremely limited. To bolster your claims, state any financial hardships that you have been wrestling with. In addition, show how you are unlikely to see any noticeable financial improvement in the near future.Your ex must understand your financial position. Therefore, in your letter to attempt to negotiate a settlement without garnishment, you must show that if your wages were garnished in the amount of $600, it would create a GREAT financial hardship. You can disclose all of your income vs. your monthly expenses--including any expenses for your daughter. You can also indicate that you will have to pay student loans at a rate of $$$ per month.

Your ex must know that you have a financial hardship, and that any wage garnishment may reflect negatively with your employer. You can indicate that your ex has been patient and that you know that you must repay him. However, you cannot afford to have your wages garnished.

You can begin negotiations with a "low ball" offer. For example, you can indicate that you can pay $150.00 per month. Ask that your offer be accepted, and that acceptance of your offer is done in writing. If that offer is rejected, you can send another letter and you can up your offer. Again, if you can show that your income and expenses will only allow you to pay a certain amount, then that is all you can pay. In your second letter, (if it is necessary), you can indicate that the MOST you can pay is (for example) $300.00 per month. Any more would put you and your daughter at risk. Your daughter would not be able to receive quality services and you would not be able to afford to keep yourself and your daughter in your home.

Finally, you can also indicate that the agreement may be re-visited in one year. If your income increases and you are able to pay more, then the agreement can be amended.

I hope that you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

Customer: replied 1 year ago.

Your kind words are very considerate and I appreciate them.. I do not want to appear like a 'hard luck case'


I am very happy to work this out through letters and will proceed to do so at once.


A few things I am unclear of..


as I am writing the letters and negotiating.. Can he still proceed while


negotiations through letter are occurring with the garnishment.


 


Can these letters be through email?


 


Is there some kind of legal document to be filled out to request a 'stay' until negotiations can be completed?


 


Can I request in the future to communicate with you in order not to re-explain the situation and how do I do this.


 


I am grateful this on-line service and want to let you know that it was highly recommended by a friends husband and will also be recommending it to others in the future..


 


God Bless

Expert:  xavierjd replied 1 year ago.
Hi Retha,

You DO NOT appear to be a "hard luck" case! You are a woman who has overcome much adversity. That is admirable! You appear to have your priorities in order.

1. You can handle all of your communications through e-mail.

2. You can ask your ex's attorney, in writing, that the garnishment be stayed while you are attempting to negotiate a payment arrangement. It is up to your ex's attorney and your ex as to whether they will agree to stay the garnishment. Even if it is NOT stayed, a garnishment can be stopped by your ex's attorney at any time.

You can specifically request me to be your expert. Make sure to let JustAnswer know that you ONLY WANT me to answer. Otherwise, if for some reason, I am not on line, after a period of time, your question may be opened up for others to answer.

I appreciate you recommending JustAnswer to others. Your satisfaction is very important. While we cannot give legal advice, we hope that the information provided to you is helpful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and other Family Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Retha,

Thank you so much for the "excellent service" rating and the GENEROUS bonus! Both are greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again, and best wishes

xavierjd

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions