Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Legally, how can I dodge garnishment of my wages, after a…

Customer Question
Legally, how can I dodge...
Legally, how can I dodge garnishment of my wages, after a judgment is awarded the plaintiff? An old hospital bill is the base matter!
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 8 minutes by:
1/18/2016
Employment Lawyer: P. Simmons, Lawyer replied 2 years ago
P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 37,701
Experience: Employment Law Expert
Verified

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Bankruptcy is a way to avoid a judgment.

And, frankly, if you have income, short of going back to court, it is likely the only way.

If there is a judgment, it can be enforced. If there are problems with the hearing, you could file an appeal and seek to vacate (toss out) the judgment. That would remove the judgment and the requirement to pay.

There is no "magic bullet" here...by design.

If there were, it there were some way to avoid paying a valid judgment that was easy to accomplish and did not carry the stigma of bankruptcy? Frankly, that would undermine the judicial system (since it would not make sense to file suit if there was a way the defendant could prevent paying)

Now...there are limits on the garnishment process. They can only take up to 25% of the income. And there are thresholds (if you make less than approx $900/mo, you would be exempt from garnishment).

And bankruptcy would remove the requirement to pay the judgment.

But if you are looking for a way to avoid paying based on income over $900/mo? Frankly...short of vacating the judgment or seeking bankruptcy? Frankly that will not likely happen

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that there was some magic bullet you could use to keep from paying, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Ask Your Own Employment Law Question
Employment Lawyer: P. Simmons, Lawyer replied 2 years ago

Follow up. I see you had the chance to review my answer. I know it was not what you wanted to here...again, i am sorry for that

I wonder did you have follow on questions? If not, please rate the answer as that is the only way I may receive credit for my work.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 37,701
37,701 Satisfied Customers
Experience: Employment Law Expert

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I am a traveling surgical tech that does 13 week assignments
I am a traveling surgical tech that does 13 week assignments in different states. I am being low censused a lot during this contract and I have guaranteed hours. My agency has refused to pay me my low… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
My wages have been garnished and my net pay is less than 500
My wages have been garnished and my net pay is less than 500 per pay period. How am I supposed to live on that? My rent is $610 a month not including utilities, food, gas and etc. Is there anyway to l… read more
Maverick
Maverick
Doctoral Degree
6,338 satisfied customers
I get $1200.00 check, monthly from a school in NY being a
i get $1200.00 check, monthly from a school in NY being a teacher there, net pay $1108.20. they are looking to garnish wages, can they? need a letter for the school to reply to sheriffs request of gar… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need help employer to figure the correct garnishment from
I need help for my employer to figure the correct garnishment from my check it states: 25% of defendants disposable earning (if $290.00 or higher) for each workweek, or The amount by which the defenda… read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
Dear Sir/MamLast October 2013, the State of Washington
Dear Sir/Mam Last October 2013, the State of Washington UE Security Department, contacted my Georgia based small employer to initiate garnishing my monthly salary wage 25% per check. This for a UE ove… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
My debt has been satisfied through wage garnishment, but they
My debt has been satisfied through wage garnishment, but they continue to take payments from my check. I went to the courthouse, and they claim, since my employer is based out of state, that they have… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I am an independent contractor. My last day with the company
I am an independent contractor. My last day with the company I was assigned to was yesterday. (Fri, nov 30). I was to have received my final check yesterday. Thursday the company I was contracted with… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
hi i owed some money to the credit card company about 10 years
hi i owed some money to the credit card company about 10 years ago. apparently they hired an attorney and he went ahead and filed a complaint and since i did not show up they entered a judgement again… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
My fiancé has been a correctional officer since 2002. In 2006,
My fiancé has been a correctional officer since 2002. In 2006, he had an asthma attack while he was at the academy, where he was rushed to the hospital which the department of corrections send their e… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
My girlfriend has wage garnishment happening. There was no
My girlfriend has wage garnishment happening. There was no notice and she was not informed before the supposed creditor convinced her place of employment to withhold about 2900 dollars from her payche… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I was served garnishment pappers for a sub contractor that
I was served garnishment pappers for a sub contractor that works for me. They have set a court date for me to appear and if don't there will be a judgment against me. My guistion is way do i have to g… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
I am aware Va follows the federal rules for wage garnishment...if
I am aware Va follows the federal rules for wage garnishment...if an employer ignores the garnishment of an employee, is served with show cause order, and plaintiff is given judgment in district court… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
recently my fiance got a garnishment against his pay for a
recently my fiance got a garnishment against his pay for a very old unsecured loan he was unable to pay back----of course it is now twice the amount of the original loan---is there anything we can do … read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I rented a 5 bedroom home and hit a terrible financial set
I rented a 5 bedroom home and hit a terrible financial set back. I responded to a bank loan ad in the local newspaper that turned out to be a scam. I was then left in a dire situation financially and … read more
Tina
Tina
Doctoral Degree
83 satisfied customers
i got a certified letter from a law firm from an old credit
i got a certified letter from a law firm from an old credit card called them they said there gone to garnish my wages. what is the law on this what can i do?… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
How difficult is it to file a Wage Garnishment in the Arizona
How difficult is it to file a Wage Garnishment in the Arizona Supreme Court? I have a judgment for a former employer from the Labor Department that was awarded in May 2007. To this day I do not have p… read more
socrateaser
socrateaser
1,031 satisfied customers
I know your wage can be garnished to pay a bill if you stop
I know your wage can be garnished to pay a bill if you stop paying that bill. Can your employment wage be garnished to pay a creditor or bill when you are now making payments on the bill involved even… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
My friends 14 year old son is in (California) jail for ...
My friends 14 year old son is in (California) jail for assult and is expected to remain there through his 21st birthday at least. His wages are still being garnished for child support. Additionally, h… read more
Paralegal Bill
Paralegal Bill
Associate Degree
1,110 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x