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Valued Member
toodles12
Posts: 43
Registered: ‎01-13-2013
0

Re: I feel like I was just kicked in the face!

Wait a second...

 

You're saying they can take a total of 50% from his check?

 

His CS isn't 25% of his check. It's just a fixed amount. His CS, if I were to estimate, is 10% of his net.

 

So can the CA take 15% or 40%? I'm a little confused.


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guiness56
Posts: 22,408
Registered: ‎01-17-2008
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Re: I feel like I was just kicked in the face!

I'm just telling you what the Indiana statutes say.

 

You can have more than one garnishment but they can't total over 25% of his disposal income.

 

Child support is 50% and if another garnishment happened, a total of 50%.

 

If they aren't doing it now, they probably won't.

 

Mine doesn't depend on what the state says because I get federal income.  Mine can be garnished only for other government debts.  It was garnished for a government credit card.  While they could take 2/3 of my check, they were kind and only garnished 15%.

Valued Member
toodles12
Posts: 43
Registered: ‎01-13-2013
0

Re: I feel like I was just kicked in the face!

I hope I didn't come across as jumping on you. Completely not my intent! It just caught me off guard.

 

50% garnishment would be devestating for our family.

 

I think I'll try to contact legal aid and see if they can direct me to someone to answer this question.

 

Thank you for your help Guiness! I really do appreciate it!!


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Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008
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Re: I feel like I was just kicked in the face!

No, you didn't and I understand.

 

Don't you have to go to court about income, assests and things like that?  Have a budget worked up to show you can't afford it. 

 

I know they can but still find it ruthless of them to garnish wages when you are already in a payment plan with them.

Valued Member
JayDilla
Posts: 37
Registered: ‎02-06-2010
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Re: I feel like I was just kicked in the face!

I would not worry as much about the order to appear. Let the judge know your financial situation, let him know about the arrangement already agreed by both parties for $40 a month and that the payments have been payed monthly by you as ageed. A judge....my uncles one btw...are not out to help the corporate bullies like most think. they will use sensible judgement on what you can afford the amount still owed the previous agreement by both parites. Most judges lean towards the individual then the companys in these type of cases.


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guiness56
Posts: 22,408
Registered: ‎01-17-2008
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Re: I feel like I was just kicked in the face!


JayDilla wrote:

I would not worry as much about the order to appear. Let the judge know your financial situation, let him know about the arrangement already agreed by both parties for $40 a month and that the payments have been payed monthly by you as ageed. A judge....my uncles one btw...are not out to help the corporate bullies like most think. they will use sensible judgement on what you can afford the amount still owed the previous agreement by both parites. Most judges lean towards the individual then the companys in these type of cases.


I would most certainly worry about an order to appear.  The last thing the OP needs is not to show up and gets the maximum amount taken through garnishment.

Valued Member
toodles12
Posts: 43
Registered: ‎01-13-2013
0

Re: I feel like I was just kicked in the face!

We're definitely appearing. If not, I'm sure they get the default of whatever they want.

 

We'll just tell the judge about our payment plan and see if he'll make them continue to honor it.

 

Keep your fingers crossed for us. The date is 03/08.


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Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008
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Re: I feel like I was just kicked in the face!

Valued Member
toodles12
Posts: 43
Registered: ‎01-13-2013
0

Re: I feel like I was just kicked in the face!

I certainly will. Thank you for listening and offering advice. :smileyhappy:


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