Legal Question in Credit and Debt Law in Massachusetts
garnished wages
My sister had her wages garnished for the funeral debt of when my mother died. The debt is $13k. Is there any option she may have to undo this (payment plan etc.)? she cant live on the $120.00 wk they leave her. When my mom passed away (unexpectadly) my sister signed the papers at the funeral home. My mom had no insurance, savings or anything. My siblings and I are all financially struggling. Do we have any options?
2 Answers from Attorneys
Re: garnished wages
There are a number of options available to your sister, not the least of which is a motion for modification of the payment plan. Further, the amount exempt from your sister's wages should be properly calculated to be the greater of; 1) the amount available under Federal law or, 2) the amount available under Massachusetts law (see Massachusetts General Laws Chapter 246, Section 28). Please feel free to contact my office for a free initial consult based on the facts of your specific situation.
Re: garnished wages
Once the debt has gone past collections, into a lawsuit, to final judgment, and now supplementary process, it is unlikely that the creditor will voluntarily waive the garnishment, which is usually awarded as a last resort by the courts. Your sister could file a motion with the courts to set up a court ordered and monitored payment schedule.
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