Legal Question in Civil Litigation in Kentucky

What % of wages can b taken when garnished?

My daughter & her husband seperated, she defaulted on her car payment. It's in her name only. She has 3 children. Was threatened with repossession, she surrendered the vehicle instead. Now they tell her, they want her to take the car back & pay. She can't do $650.00 a month. So they're threatening to garnish her wages and take $800.00 a month. Can they take that amount from her? What percent of her wages are they entitled to? Thank you in advance for your help!


Asked on 6/01/05, 4:36 pm

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Re: What % of wages can b taken when garnished?

Generally speaking, 75 % of wages are exempt. Your daughter should probably talk with a bankruptcy lawyer about a possible bankruptcy filing. Otherwise, she will likely be paying for a car she may not have for years to come.

Be aware that the bankruptcy laws are changing dramatically in the next few months and the changes make it MORE DIFFICULT to file Chapter 7 Bankruptcies. If she is interested in investigating that possibility, she should see someone as soon as possible.

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Answered on 6/02/05, 12:57 pm


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