How best to argue a reduction of my garnishment?
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How best to argue a reduction of my garnishment?
I’m about to go to court to ask for my amount of garnishment to be reduced. I plan on taking my bills, bank statements and paycheck stubs to court. Is there anything else Ishould take? Also, what questions will the judge ask me? What is the liklihood that my garnishment amount will be lowered? If the judge asks me what I want it to be lowered to, should what is a fair amount?
Asked on February 5, 2012 under Bankruptcy Law, Ohio
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You should take up to three years' worth of such evidence and make sure you show that you have been trying to pay but that your bills currently are more than your total salary or income. The judge may ask you questions about you came to arrive at such a debt and why you incurred the debt if you could not afford it...it is the typical series of questions regarding initiating the debt itself. The judge will not ask you a base amount to which you wish to be lowered to because you could theoretically say nothing. The judge may come up with a proportionate sum and see if that will work with the baseline numbers you have given. Other questions include things like whether you have other assets that can be sold or a lien placed upon to satisfy the debt.
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