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Ray
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The contractor company wants to garnish my Daughter paycheck

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The contractor company wants to garnish my Daughter paycheck because my Daughter signed the working contract. My Daughter name not on the Title or on the Deed of the house. The house, the Deed, the Title the Mortgage, only on Her Husband name.
Can the contractor garnish my Daughter paycheck? The property is in Colorado, Denver.

RayAnswers :

Thanks for your question and good evening.My sympathy here for the situation.Was the daughter here on the note for the house just not on the title??Has the lender here gotten a judgment through foreclosure?Can you give more more information here so I may chat with you.

RayAnswers :

If you can give me some more information I will be happy to try and help you.

Customer:

No. My Daughter was not on the note.

RayAnswers :

So was she sued here by the contractor--do they have a judgment?Is she still living there??

RayAnswers :

I appreciate you taking the time to give me some facts, take your time..

RayAnswers :

I am trying it understand why they are trying to hold her liable and who "they" are here.

Customer:

Her husband purchased the house. They had a very bad water damage. The toilet was backing up because big rain and some other problem. They called DRY to clean up the mess. Dry did the job but the Insurance company was not satisfied with the job. The insurance told my Daughter, to call different contractor. They did. The new company did the job and the Insurance company was happy and paid the second contractor. So Dry take my Daughter to arbitration. Arbitration said they owe Dry $10,000.00 (Originally Dry asked $43.000.00)

Customer:

Yes they (my Daughter, and Her husband and the baby) still living in the house.

RayAnswers :

Unless they actually sue her here based on the contract and get a judgment they cannot garnish her check.Here they are agreeing to greatly reduce the disputed amount but sounds like they are seeking agreed garnishment rather than through the courts.She does not have to agree here if she cannot afford it.

RayAnswers :

The DRY folks may sue her next and get judgment.She might be looking at bankruptcy here--Chapter 7 to discharge such a debt.

RayAnswers :

Colorado does allow a judgment creditor to seek court ordered garnishment.

RayAnswers :

Here is the law on that.

RayAnswers :
There is a limit to the amount by which a person


s paycheck can be garnished. The

maximum amount

that can be deducted from a person


s weekly wages is the lesser of (1)

25 percent of his or her

³

disposable earnings

́

(what is left after required deductions are

made, such as FICA and social security) or (2) the amount by which weekly earnings

exceed 30 times the federal hourly minimum wage ($5.15 per hour as of September 1,

1997). In other words, if a person is only working 30 hours a week at a minimum wage,

or if a person


s weekly earnings are only the equivalent of 30 times the hourly minimum

wage, these wages will be exempt from garnishment

RayAnswers :

Sorry this got jumbled.It's 25% of her disposable earnings amx.

RayAnswers :

And they have to sue and win here.Otherwise unless there is some kind of judgment they cannot force her to garnish.It sounds like they are trying to get her to agree to do this voluntarily.

RayAnswers :

I am wondering if she wants to consider Chapter 7 here to discharge the debt.She may want to talk to her lawyer about her options.

Customer:

She offered to pay a monthly payment but payment but if they garnish Her paycheck, She have to file bankruptcy.

RayAnswers :

I understand.Long term she may be better off to do so and start fresh.I mean otherwise they are going to slowly force her into it.

RayAnswers :

I sure would have her consider at least talking over Chapter 7 with a local lawyer.

Customer:

Thank you

RayAnswers :

ABA approved lawyer referral.

RayAnswers :

Colorado


 










El Paso County Bar Association LRS
Colorado Springs, CO
Phone:(NNN) NNN-NNNN
Counties Served: El Paso, Teller




Meets ABA Standards for Lawyer Referral



 









Metropolitan Lawyer Referral Service, Inc.
Aurora, CO
Phone:(NNN) NNN-NNNN
Toll free:(NNN) NNN-NNNN
Counties Served: Denver, Adams, Arapahoe, Boulder, Jefferson, Douglas, Elbert, Gilpin, Larimer, City of Aurora, Broomfield


RayAnswers :

You are so welcome.I wish her the best in all of this.If you can leave a positive rating it is much appreciated.

RayAnswers :

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.



This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.

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