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Ask MShore Your Own Question
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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Is there any way to stop a wage garnishment short of declaring

Customer Question

Is there any way to stop a wage garnishment short of declaring bankruptcy? I am a single father and struggling to pay my monthly bills as it stands. Also if I declare bankruptcy will I loose my car that already has a lean or my home that I owe more than its worth? Just wrote a letter to try and settle debt for 60% of amount owed totaling $2400.00 to the debtor / plaintiff; Duffin & Associates / United Insurance Company (a Michigan corporation) Debt total is just under $4000.00 should I also send a copy this letter to the Judge in charge of this case?
Submitted: 6 years ago.
Category: Legal
Expert:  MShore replied 6 years ago.
Thank you for the post, is the garnishment more than 25% of your net wage income?
Customer: replied 6 years ago.
I have not yet gotten the garnishment but my employeer got a letter with utah code 78A-2-216 and 78A-5-705 yesterday so I am assuming that the garnishment will follow soon.
Expert:  MShore replied 6 years ago.
Thank you, XXXXX XXXXX garnishment exceeds 25% of your net income then you can file a motion to modify the garnishment. If on the other hand the garnishment is less than 25% your recourse would be to file a motion claiming undue hardship. If that is unsuccessful your only recourse is bankruptcy.
Customer: replied 6 years ago.
And to the settlement letter should this also be sent to the judge / court? I am hoping to nip this before it turns to a garnishment.
Expert:  MShore replied 6 years ago.
Hello, you can send it to the judge but the judge cannot rule until the plaintiff responds.
Customer: replied 6 years ago.
ok thank you for your help
Expert:  MShore replied 6 years ago.
Thank you, XXXXX XXXXX to click Accept if I have answered your questions.