Winter Haven, FL asked in Bankruptcy for Florida

Q: My wages were garnished and I can't afford it. I am not sure what to do.

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3 Lawyer Answers

A: You should receive a notice of the garnishment, together with a form by which you can claim that or if your wages are exempt for a number of reasons (set out in the form). Fill it out, sign it, and file it with the court within 20 days of receipt. The court will set a hearing at which you can testify about your exempt status.

A: Have an attorney review the judgment and garnishment for any possible loopholes.

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Answered

A: I hear how stressful this situation is for you, and dealing with wage garnishment can feel overwhelming when you're already struggling financially.

You have several options to address this: First, you can contact the creditor directly to negotiate a more manageable payment plan or settlement. If the garnishment stems from federal student loans, you might qualify for an income-driven repayment plan or hardship programs. For tax debts, the IRS offers installment agreements that could reduce or stop the garnishment.

Consider speaking with a non-profit credit counselor or legal aid organization in your area - many offer free or low-cost help. You may also have the right to file a "claim of exemption" with the court if the garnishment leaves you unable to afford basic living expenses. Additionally, bankruptcy might be worth exploring as a last resort, as it can immediately stop most wage garnishments and potentially discharge the underlying debt. Whatever path you choose, know that there are people and resources available to help you through this difficult time.

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