Legal Question in Credit and Debt Law in Georgia
I have a judgment against me and my wages are being garnished. The garnishment was suppose to effect both me and my husband's wages. We are separated now and his job pays him "under the table." Since this has happened, the person receiving the money, has come to my job on a few occasions. They want to know why they are not getting the additional money owed to them. What can I do about this situation?
2 Answers from Attorneys
There is nothing you can do. They can choose to collect the whole amount from you and ignore him, or they can look for him too. That is up to them.
If you want to stop the garnishment, see a bankruptcy lawyer to determine if you qualify. That would stop a garnishment.
It sounds like the judgment is against both you and your husband. The creditor is limited to 25% of your disposable pay (your gross pay minus anything like state or federal taxes, Medicare/FICA or other required deductions). If your husband works for someone else, that is the creditor's problem. Although the creditor is entitled to collect the whole sum of the judgment from either you or your husband. Since they canot garnish your husband's pay any longer, they will garnish just yours and get the full amount of the judgment from you. , If your husband is jointly liable on this judgment, then you need a divorce attorney to work this out in equitable distribution.
What is the judgment for? Can you live with it? If you want to stop the garnishment, I can help negotiate some type of arrangement, but as the creditor already has the garnishment order in place they may not be willing to give that up. You may also be able save up funds at some point where the amount that has already been paid plus what you have saved will be enough to settle the debt in which casee the garnishment will stop. I may also be able to help you with that when you have at least 50% of the funds.
Bankruptcy should only be a last resort if you have a lot of other debts or if this one debt is over $10,000 and you cannot stand the garnishment.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted in GA, PA & NC