Reducing a wage garnishment

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Wage garnishments are nothing more than a tool banks and financial institutions have to make people pay debts they could not otherwise get paid. No one likes wage garnishments, but the laws gave banks the ability to use wage garnishment to help them collect the un paid bills. But, what most people do not know is, these same laws that gave banks the ability to garnish your wages, also gave you the debtor rights too. There I will try to explain what a wage garnishment is and how you, as a debtor, have rights too.

First, wage garnishment is merely a result of a legal process whereby the bank, with supporting documentation must present their case for wage embargo de sueldo before a judge showing that the debtor actually owes them money. This is pretty basic and unfortunately, 99% of the time, the debtor does not show up to the hearing and if they do, they are un prepared. Because in the hearing the judge will merely ask the debtor if they signed the document the bank presents as proof of the debt, it is yes or no question. Of course, when the debtor says yes, the judge says, I am ruling a summary judgment for the bank, next case. Now, that is ok. There is nothing the embargo de salario can do about that, but when the wage garnishment comes because of the court case, then the debtor needs to ask for another hearing to review their ability to pay. That is where most people drop the ball, they think they have no rights and therefore cannot do anything.

When the debtor requests another hearing they must be prepared to have supporting documentation showing that the amount of the wage garnishment is keeping them from paying their basic bills. That is a very important word, basic bills, rent, water, light, food, transportation etc.

So, if you have your embargo de sueldo, make sure and ask for another hearing with the judge to consider your ability to pay. The judge can do whatever they want and if you bring proof of your expenses and income, they can and will reduce your wage garnishment. Also, do not bring an attorney, if you do not have one, the judge many times will try and help if they can. Just know your rights and show where the garnishment is affecting your ability to pay your basic bills.

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