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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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A Judgement for money was granted in Cir-cuit Court. We have

Customer Question

A Judgement for money was granted in Cir-cuit Court. We have nothing except our SS. $1750 and income from part-time job of $227 all Gross. According to F P.L. levels and in Juneau Cty Wi. we are below poverty lrvrl. Can they Gar- nish either SS or part time wages? We also have a Housetrailor pymt.. and 2 cars over 10 yrs. old
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

What is this judgment from?

ScottyMacEsq :

(that is, credit card, child support, personal injury action, etc...?)

ScottyMacEsq :

Assuming that the judgment is not for child support, spousal support, or taxes, you have a lot of protection.Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and (2) to garnishment or similar legal process brought by an individual to enforce a child support or alimony obligation.


 

ScottyMacEsq :

As to your part time wages, Federal law places limits on wage garnishment amounts. However, Wisconsin imposes even stricter limits. In Wisconsin, the most that can be garnished from your wages are:



  • 20% of your disposable earnings, or

  • the amount by which your disposable earnings exceed 30 times the federal minimum wage (30 x $7.25 = $217.50) whichever is less.

ScottyMacEsq :

Disposable income is that part of the employee’s earnings remaining after deducting federal, state, local withholding, and Social Security taxes. Deductions for Individual Retirement Accounts, medical expense accounts, etc., do not reduce disposable income.

ScottyMacEsq :

So at most they could garnish would be less than $10 ($227-217.50).

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

care

Customer:

credit for dental only

ScottyMacEsq :

So the judgment was from a dental credit account / card / etc...? If that's the case then it would be an unsecured judgment, and the answer above would apply.

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 12230
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

ScottyMacEsq: Thank you very much for 7 free days. I will try and be done today.


Over a year ago and well over a year and a half ago my husband had been out of work for 21/2 yrs. When his Unemployement ended we were unable to stay afloat and were to a Bankruptcy Attorney. At that time we were 50,000 in debt. She listened for an hour and said "I can refer you too many attorneys who would be happy to do a Bankruptcy for you, but I can.t in all good judgement and honesty do one for you. You have nothingto lose, they can;t take your SS,your home or your old cars. In a while they may take you to small claims court, but they can't take what you don.t have. Since this last claim happened and my husbands part-time jpb I feel frightened. You were so wonderful in your answer Scottie, I was hoping you could give me a thought on this. Even if one debt was over $10,000.00 to a C.C.


Expert:  ScottyMacEsq replied 1 year ago.
That's true, in that there's not much (if anything) that they could go after, even if they were to get a judgment. credit card companies, and debt collection companies, do not pursue every single case, but only the ones that they reasonably believe will be economically advantageous to pursue. That means that they will only sue if they feel that they can recoup at least as much as the cost of the lawsuit. They do that based upon a risk analysis of the situation, including your current assets and income, future assets and income, and your debt, as well as the likelihood that you will have to file bankruptcy. Furthermore, after you do have a judgment against you, you can still file bankruptcy and have that judgment discharged in bankruptcy. The fact that they do have a judgment against you makes it less likely that they will accept pennies on the dollar, unless it is likely (in their eyes) that you will file bankruptcy. Again, they cannot garnish these accounts that are exempt from garnishment.

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ScottyMacEsq
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