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I just found out, that my wages are being garnished, for nearly…

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I just found out, that...
I just found out, that my wages are being garnished, for nearly one third of my take home pay. How can I stop this?
Submitted: 8 years ago.Category: Legal
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6/11/2010
Lawyer: MShore, Attorney replied 8 years ago
MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25,285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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Thank you for the post, why are you wages being garnished?
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Customer reply replied 8 years ago
I have no idea. When I got my payroll stub, it showed $300.00 less then it should be. It showed a Garnishment of $300.09 on it
Lawyer: MShore, Attorney replied 8 years ago
ok, first you need to find out why your wages are being garnished and which court entered the writ of garnishment. Then you need to file a motion for reconsideration on the basis of undue hardship, or lack of service of process for the underlying suit if it is not taxes or child support.
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Customer reply replied 8 years ago

I know it's not for child support, as I do not have any children, and all my taxes are paid. I think it may be for past credit. I had a judgement put against me about 4 years ago, but never heard another thing from them.

How do I file this motion?

Lawyer: MShore, Attorney replied 8 years ago
Hello, if you know that you had a judgment against you but never satisfied that judgement your only defense is that the amount of the garnishment is unlawful. But in order to meet this threshold, you would have to show that the amount garnished us more than 25% of your net income.
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