wage garishment and cost of living expenses

[zoe4me]

Hello, thought I had posted this last night but couldn't find it. I really need some answers! Boyfriend just received garnishment summons from hospital where he stayed 3 weeks due to car accident last year. We fell behind on many bills as my income was all we had until he was able to work again 4 mo. after accident. My question would it do any good to explain to judge at the return hearing that having 25% of his wages garnished would make it very difficult to meet our living expenses. We share expenses and neither of us make more than $10.00 a hour. He wants to file bankruptcy if the judge cannot see to reducing or setting this aside which we can't afford either. He owes a total of all medical related to the accident at about $16,000 so far only 1 source has asked for garnishment. Please advise me what to do if his wages are garnished are are in big trouble as he still has health problems and misses work and I can't afford to pay more myself.

 

[Michael Wechsler]

You can state what you want to the judge although I don't know how much of a difference all this will make. Whether your boyfriend declares bankruptcy later is another issue. The amount a judge can order garnished is typically set by statute, from my knowledge, and best to look it up to see the rules. I don't know what state you are from. Typically there is a minimum guaranteed amount the garnished will be able to take home, e.g. a multiple of the state minimum wage. I'm very sorry to hear and wish you the best of luck.

 

[zoe4me]

Thanks so much for your reply!