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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110442
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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State: My wages are being garnished for a traffic violation

Customer Question

Washington State: My wages are being garnished for a traffic violation from 2004 and then a judgement in 2012 that I didn't know about. So that is fun.
On the writ for garnishment - it states on line 7 that the total being taken out of my paycheck is $45.52, after the calculations had been done. I worked a ton of overtime on my last pay check. I got paid yesterday and they took out $209. Is that legal? Allowed? OK? I understand that it is 25% of my wages, but I thought it was based on my average pay check? This seems wildly unfair. I can barely pay my bills as is. The ticket was for $900. And I now owe over $5,000. And from what I have learned it seems that I have no legal recourse - for any of it. Appeal, Amendment, Judgement, and negotiations because of the type of fines. Is there anything I can do?
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Actually, unfortunately, the garnishment is based on the percentage of disposable income, so the more the person earns the more money they can take out. The minimum of $45.52 is based on your average weekly wages, but if you earn more, then they can take more because the goal is to pay the creditors back as soon as possible and not drag the garnishment out forever. Unfortunately, you really have no legal standing to stop this from growing with interest other than finding some way to get a loan perhaps and pay off both judgments and get one fixed loan payment to end the garnishment and the interest they are adding to that judgment for as long as it is not paid.