Legal Question in Bankruptcy in Minnesota

garnishment

If a paycheck is being garnished for money owed on a credit card is it legal to have the mortgage payment taken out first?


Asked on 3/25/07, 9:55 am

1 Answer from Attorneys

Sam Calvert Calvert Law Office

Re: garnishment

Assuming you are the employee, you would have to have given an assignment in favor of the mortgage company to your employer a certain number of days before the garnishment hit. Generally speaking, the exemption law lets you keep 3/4 of your paycheck, or 40 times federal minimum wage. There are other reasons your paycheck cannnot be garnished. If this is not just a one-time occurence, you should seek the help of an attorney who deals with garnishments frequently. Ususally a bankruptcy attorney will have exerience with garnishments, levies, etc. You can also talk to a real consumer credit counseling outfit, such as Lutheran Social Services in Willmar, to see if they can help you.

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Answered on 3/26/07, 3:44 am


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