Asked in Civil Litigation for Oklahoma

Q: I cannot afford the amount my wages are being garnished. What can I do?

My wages are being garnished to the point that I have to work a lot of overtime just to make ends meet. I was already being garnished for child support. Yesterday when I picked up my check I found out that my former apartments have garnished my wages for unpaid rent. When I was evicted in 2010, they refused access to my personal property, which I have never gotten back.

Is there any way I can get the amount lowered to something more feasible? Also, can I file a counterclaim for my personal property?

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2 Lawyer Answers
Howard Berkson
Howard Berkson
Answered
  • Tulsa, OK
  • Licensed in Oklahoma

A: Garnishment amounts are typically determined by formula and the usual reaction by courts is that you must learn to live within what is left. There are different caps depending on why each garnishment was levied against you and there is a total cap for all garnishments. You should have received information with the garnishment notification explaining how you can protest the garnishment. Assuming the landlord did not have a security interest in your personal property, then the landlord probably wrongfully kept you from possessing your belongings. The landlord's actions may have been criminal. You should talk to the district attorney in the county where your apartment was to determine if the landlord committed a crime that is still within the criminal statute of limitations. On the civil law side, a lot depends on how you characterize the potential claim. If the written lease gives you a way to bring a breach of contract claim, the statute of limitations is likely five years. On the other hand, claims based on damage to personal property typically expire after two years.

Howard Berkson
Howard Berkson
Answered
  • Tulsa, OK
  • Licensed in Oklahoma

A: I should point out that there is a way to claim hardship under Oklahoma law. For wage garnishments, the court will look into your income, your expenses, and various standard of living factors to determine whether to grant a hardship exception. There are additional factors for bank account garnishments.

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