Anyone know how garnishments are figured???

[253BK]

I am trying to get through all my mess but I dont know if I have enough time! What I am wondering in WA state is there a limit on how much of your wage they can garnish?

Or can they take whaever they want monthly???

[no_it_all]

Or can they take whaever they want monthly???

Is this a real question? Think about what you are asking.....

[no_it_all]

Go to <Collection Problems> and read the sticky < Wage Garnishments: Nuts and Bolts..>

[MOMof3]

253, I'm in WA, I make good money in a salaried position, and they take my ENTIRE paycheck, minus about $74, so I don't think there is a limit or %.

[253BK]

NO WAY! that has to be agianst the law have you talked to your attorney? that is just wrong

[woeisme]

It all depends on the type of garnishment we are talking about. Most are limited to 25%, but there are exceptions for child support which can go over 50%. I've never heard of anyone being able to garnish more than about 65%, and that is just for a single person with no other dependents (spouse or child) who owes child support that is past due. But then there are voluntary garnishments, which can be any amount. For example, the US Trustee gets about 35% of my paycheck, but I voluntarily filed for CH 13, so it's not considered an exception to the 25% rule since the withholding is "voluntary" even though required by the BK court. If they were taking the CH 13 money from my husband's paychecks it would be over 55% since he makes less than I do, but again, is considered "voluntary" since we could always have our CH 13 dismissed, at which point the creditors could only legally garnish 25% from each of our wages (but the fees and interest would mean never getting them all paid off if we went that route.) But I really don't think there is a state that allows a creditor to take whatever they want, I think the federal law is 25% (and if you are low income, it is even less, they have some formula using the minimum wage multiplied by some factor or something like that, I remember seeing from my husband's garnishment calculation forms he had before we filed.)

[MOMof3]

It wouldn't matter if they garnished or not, I have to pay it regardless! There must not be a LAW though, or ADP wouldn't take it during processing to send to the trustee.

I am not being garnished by a creditor---just the Trustee payment

[253BK]

oh maybe that is it! I am talking about a creditor garnishing us! MOMof3 I hope you have a hubby that has some funds coming in??? Seems like they wouldnt take everything monthly maybe half just doesnt seem right

[lrprn]

The answer to your original question about the wage garnishment limit in WA - WAGE GARNISHMENT EXEMPTION: 75% of earnings or 40 times the federal minimum hourly wage, whichever is greater

See http://www.bcsalliance.com/debt1_washington.html

[253BK]

so say I make 4000$ monthly they can only take 1000$ right? that still seems high to me but what can we do! Besides file BK to stop it right???

Thanks for the info everyone