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Wage Garnishments MN

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    Wage Garnishments MN

    Hello, newbe in need of some anwsers, I am currently having 65% of my income being withheld for child support/maintenance, I have court dates for creditors to sue can they take more of my pay check. I currently have 1100$ to live on now. Do I file BK or do I just believe theres no more money to take from me. My bank is empty besides whats left of being direct deposited.
    Please Help! Thanks

    #2
    can you file Chapter 7?
    Take $10 billion from the government and then sue me...nice

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      #3
      Well think this over as we have no real information. Your child support or levy for back support cannot be discharged. More info please. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #4
        Thanks for the replys, I ment to say its the credit card companys that want to garnish wages and also my ex attorney I have already paid 5000$ dollars too, I still owe my attorney 2900$, credit card companys 23000$ between the two cc companys. The question I was trying to ask if the cc companys and my ex attorney can garnish my wages if Im already paying out 65% of my income after taxes for child support and maintenance. Again Im left with 1100$ not including VA disiability Ben of 243$ a month. I have read that I can just ride out there harrassments if I have no ability to pay, could this be my case?

        Thanks Again!!!

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          #5
          The federal law states up to 75% of your disposable income is exempt or some formula based on minimum wage. The states can be more liberal in your favor, but they can't overcome the federal laws. In my opinion, if you are already at 65% garnishment, there is nothing left to take. Just google you state garnishment laws and find out.

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            #6
            This Is what MN Guidelines call for for anyone in MN :

            24. Minnesota Wage Garnishment

            Minnesota Statute 550.136 and 551.06 governs wage attachment. The maximum part of an individual's disposable earnings for a pay period that can be garnished may not exceed the lesser of:

            1. 25% of the disposable earnings, or

            2. The amount of the disposable earnings that exceed 40 times the federal minimum hourly wage.

            The portion of the defendant's earnings which are not subject to a wage garnishment are also exempt from garnishment for 20 days after they have been deposited in any financial institution, whether in a single or joint account. The burden of establishing that funds are exempt rests on the defendant using the first-in first-out accounting method.

            This is whats confusing to me, this is confusing!

            The amount of pay subject to wage garnishment is based on the employee's disposable wages. This is the amount of pay left over after all legally required deductions are made, e.g. federal, state and local taxes, State Unemployment Insurance, Social Security or any other withholdings for employee retirement systems required by law.

            Deductions that are not required by law and that may not be subtracted from gross earnings when calculating disposable earnings under the CCPA are: voluntary wage deductions, union dues, health and life insurance, charitable contributions, savings bonds, optional retirement plans, reimbursements to employers for payroll advances or merchandise.

            So this income needs to be added back onto your earnings?

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              #7
              No one can garnish your wages beyond the child support you're already being garnished. You're safe.
              Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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