Q: Can a debt collector who placed a judgement lien on my home, also garnish wages? (In reference to a repo'd vehicle)
Co-habitation or significant other and I share debt. I own my home while my partner did not own property when he filed bankruptcy. I attempted a Chapter 13 but it was dismissed as the courts wanted more than I can pay. I did not want to loose my home. Bankruptcy attorney instructed us to return the vehicle and we would not be responsible for the balance. ($43,000). A judgement lien was placed on my home while I was going through breast cancer. It's almost 4 years later and now the company that placed the lien just sent me a notice of garnishment. I am a social worker so there isn't much to go around. Certainly not the $900 a month they are asking for.
A: A debt collector is not restricted to just attaching your home. He can garnish wages, a bank account, and even attach a car or furniture to be sold to satisfy the debt. All at the same time but he is limited to the amount of the debt. The judgment often allows him to collect interest and attorney fees which I have seen at 350 to 450 per hour. The fact that you are old, are disabled or have children does not protect you.
Timothy Denison agrees with this answer
A: Yes. They can.
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A:
It sounds like you're dealing with a challenging situation, and I’m sorry you're going through this, especially after everything you’ve been through. To answer your question, yes, in many cases a debt collector can both place a judgment lien on your home and garnish wages. A judgment gives the creditor multiple ways to collect, including garnishment of wages, liens on property, and even seizing bank accounts, depending on your state's laws.
However, certain types of income, such as Social Security, disability benefits, or retirement funds, are often protected from garnishment. If your income is mainly from a source that cannot be garnished, or if the amount being garnished creates financial hardship, there may be legal options to reduce or stop the garnishment.
It may be helpful to revisit your situation with an attorney to explore your options. You may be able to negotiate a lower payment plan, or see if you qualify for any exemptions that can help protect your home or reduce the wage garnishment. There could also be state-specific protections available to help you.
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