Legal Question in Bankruptcy in Massachusetts

wage garnishment

Currently a creditor has started garnishing my wages by court order. The amount taken out of my weekly pay check is $125.00 and i currently can't afford it. Is there a legal way to get a garnishment hearing in court or is filling bankruptcy my only option.

Thank you


Asked on 2/07/03, 11:06 am

3 Answers from Attorneys
David Baker Law Office of David Baker

Re: wage garnishment

There is a procedure under state law to have a garnishment removed or at least reduced. You should consult a lawyer about this as it is somewhat complex. Good luck!

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Answered on 2/07/03, 12:04 pm
Daniel Gindes Law Office of Daniel Gindes

Re: wage garnishment

There are always alternatives, but if the garnishment was successfully obtained, bankruptcy may be the best option. You should consult a lawyer who can help you sort it out.

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Answered on 2/07/03, 12:40 pm
Raymond P. Bilodeau Raymond P. Bilodeau, Esq.

Re: wage garnishment

If the garnishment is for a student loan, there is an administrative procedure to challenge it or modify it.

If the garnishment is for a judgment, you should have received notice of the complaint (first chance), the application for or issuance of a default judgment (2d chance) and then notice of an action to attach your wages or determine your ability to pay (3d chance). You can still ask the court to reduce the amount, but a judge is not going to be very sympathetic since you had at least 3 chances to do something about it.

Bankruptcy might be good depending on your other financial elements.

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Answered on 2/07/03, 2:26 pm


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