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View Full Version : How to stop or prevent wage garnishment without filing bankruptcy?


tempteroffate
06-24-2009, 01:39 PM
I had a default judgment filed against me because I wasn't properly served and didn't even know I was being sued. I didn't know about the judgment and the garnishment until my wages were already being garnished. I have filed a motion to vacate the original judgment based on the fact I wasn't properly served, but following that, I am going to have to try to work something out with the attorneys or the original creditor (my local vet). In the event I can't come to a reasonable agreement with them and go back to court, I'm going to lose because I can't outright lie and say the debt isn't mine. It is mine and has always been one I intended to pay, but circumstances made it difficult for me to do so. Now's the time to pay the piper as it were, but I can't afford losing 25% of my "disposable" income. I am the sole provider for a family of five and I make less than $40K/yr gross (after taxes it's obviously much less).

In Colorado are there hardship exemptions or something to that effect? Can the courts get involved and dictate that the attorneys/creditor MUST accept less in payments?

nascar
06-24-2009, 04:55 PM
In Colorado are there hardship exemptions or something to that effect? Can the courts get involved and dictate that the attorneys/creditor MUST accept less in payments?

Yes, there is. C.R.S. 13-54-104(3)(b)(III) states, "The court, upon consideration of the circumstances of the parties, may provide for garnishment in an amount less than such maximum amounts."