How much can my wages be garnished?
I received a notification in the mail that my wages are being garnished by a credit card company, for an outstanding debt. I cannot afford for this to happen because I am a single mother of my daughter. How much or what percentage can be garnished? I live in Maryland. I read on a website that they can take all but 0 of my check a month. Is this true? I am currently unemployed but I have had numerous job interviews. I assume that once I become employed my wages would be garnished immediately. I am thinking of filing bankruptcy because I have other credit card companies that will be coming after me for money that I do not have. I heard bankruptcy can be filed online to save money for a lawyer. I do not have money to pay a lawyer. PLEASE HELP!
Yes, I did have a court date but I did not go because I knew I owed the money and I did not have the money for a lawyer.
I’m afraid if I don’t file bankruptcy I will have no money left to raise my daughter. I owe about 00 to different credit card companies. Can they all garnish me at one time? If so, I may not have enough money to get my daughter what she needs.
thank you so much for your responses. It is a huge weight lifted off of my shoulder. So you think I should not file for bankruptcy? How long do you believe it would take me to pay off the 00 debt? Once it is paid off, will my credit go back up, with time? I have a car loan but it is on time.
It is up to 25% once you get a job. If you want to file bankruptcy but you will need to pay at least $1500 to a lawyer.
June 19th, 2010 at 7:01 amPer your update:
- You do not want to file a major Chapter 7 over $6,000 in debt…The cost to file would be $1,500 or more
- 25% is the maximum allowable garnishment for all creditors against one person at one time….That is, if one creditor is already garnishing 25% of your wages, then another creditor cannot place another garnishment on top of that…they’ll have to wait their turn in line
- It’s too late now….but it really would have been to your advantage to have shown up in court…even without a lawyer. You can usually work out much more favorable repayment terms with the judge. If you don’t show up, your creditors get whatever they want.
- Contact your local Red Cross for a referral to the free legal aide society in your area…they "may" be able to provide legal assistance to you.
——————————————-
As long as you are not working you are judgement proof as non-existent wages cannot be garnished. When you start work again and the other party finds out you are working and the location, then they can submit the writ of garnishment to your employer.
==================================
Maryland
WAGE GARNISHMENT EXEMPTION: Greater of 75% or the amount equal to $145 times the number of weeks wages due were earned (except in Caroline, Worchester, Kent & Queen Anne’s Counties where federal law applies).
This roughly translates to 25% of your wages.
Did they serve you a summons and if so, did you show up in court???
You really don’t want to do a do it yourself Chapter 7…you need an experienced attorney to file. Are you sure that this is really a financial emergency that justified filing Chapter 7? If so, do what’s best for you and your family.
June 19th, 2010 at 7:01 amIf the creditor sued and won a judgment, they can garnish your wages, attach any bank account that has your name on it, even if none of the funds belong to you, and lien your property.
The Federal max that can be garnished from your wages is 25%. Here’s Maryland wage garnishment exemption: http://www.bcsalliance.com/debt1_maryland.html. It’s kinda confusing, but no they can’t take all but $100 of your check.
This is the max for all creditors with judgments. They have to wait in line for one to get paid off before the next one can garnish.
June 19th, 2010 at 7:01 amSee daveramsey.com Now before its too late.
June 19th, 2010 at 7:01 am