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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26694
Experience:  Began practicing law in 1992
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Just recevied notice of a wage garnishment. Looking for a way

Resolved Question:

Just recevied notice of a wage garnishment. Looking for a way to stay the garnishment. The creditor is a medical company that never filed the correct paperwork with insurance. I am trying to figure it out now, however they are hoping to garnish my check at the end of the month. I am the only income earner in the house, and I support my wife and 4 kids. Any chance there are exepmptions for that? I am in Wyoming, and the garnishment is for 918$.
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

Dwayne B. :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Were you ever served with a copy of a lawsuit?

Customer:

Sorry, I had replied to this, but it doesn't seem to have posted. Yes, my wife received a copy but apparently tossed it, not knowing what it was. I just found out the day I received the garnishment notice. I also received at home a copy of the summary judgement.

Dwayne B. :

When you say your wife "received" a copy, how did she receive it? Mail, hand delivery, etc.?

Customer:

I believe she said hand delievery.

Customer:

Please excuse the misspellings. On my phone. :)

Dwayne B. :

No problem.

Dwayne B. :

There is no specific exemption for being head of household in WY unlike some other states. However, the most that they can withhold from your check is 25 percent your disposable income, or earnings that exceed 30 times the federal minimum hourly wage, whichever is the lesser amount.

Customer:

Yes, I saw that too. Hmm, any other exemptions? I make about 4500 a month, so they will take it out in one swath, which is really going to hurt.

Dwayne B. :

No, no other real exemptions.

Dwayne B. :

You could challenge the lawsuit and judgment itself since you weren't personally served.

Dwayne B. :

But it would cost you more than the garnishment.

Customer:

Yah, thats the tough spot. Its such a small about (in regards XXXXX XXXXX etc.), but it is still significant.

Dwayne B. :

The only two real choices are to challenge the judgment and move to vacate it or to let them garnish.

Customer:

So is it 30 times the minimum hourly, per week? e.g. If I get paid monthly, is it then 30 x 7.25 x 180 hours (month of work)?

Dwayne B. :

I think the hourly would be 40 hours so 30 X 7.25 X 40

Customer:

Yah, the trouble spot on the judgement is, it is a legitimate bill. I was not aware of it, insurance would have paid it 100%, but they never billed them. So it slipped past. I talked to insurance, they will reimburse me the original cost of 725, provided I get them a bill...but it isnt realistic to challange the judgement as it truely is my fault.

Customer:

So then do I break down my monthly paycheck into a weekly rate, so it equates? Or am I being nonsensical.. LOL

Dwayne B. :

Yes, you would break it down into a weekly rate or a daily rate and then multiply it out times the number of days worked in a month (usually 20).

Customer:

hmm, so 30 x 7.25 = 217.50, 217.50 * 40 = 8,700.

Customer:

If i get 4,500 a month, 4,500/4 = 1125 a week.

Customer:

I must be missing something..

Customer:

or $225 per day -- me

Dwayne B. :

Sorry, my mistake. The 30 in the original formula is 30 hours per week so it doesn't vary. It would be 30 hours per week X 725 = 217.50. Anything above that is garnishable.

Dwayne B. :

In your case it would make more sense to claim the 25% exemption since that would be higher than the federal standard exemption.

Customer:

Interesting.. So 25% of 4500 is 1125 garnish-able.

Dwayne B. :

Yes.

Customer:

So eitherway they could take it in one hit. *sigh*

Customer:

Is it probable that the plaintiff is open to negotiation? Or is that long past...

Dwayne B. :

Long past.

Dwayne B. :

Unless you can get the judgment vacated.

Customer:

I assume the grounds of "they didnt bill my insurance, and that is why they didn't receive payment" isnt an acceptable defense...

Dwayne B. :

No, that doesn't make a difference.

Customer:

lol. yah, I'm a cooked hen then! Oh well. I'll just have to make it work somehow! I really truly appreciate your time. I think having these other avenues vetted at least makes me feel like I am not leaving anything on the table. You were great.

Dwayne B. :

You're very welcome and good luck with this. I'll exit now to assist others.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work. The website only gives credit to the expert if you give a Positive Rating.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26694
Experience: Began practicing law in 1992
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