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I Had Lost My Job and Was Living on Credit Cards. Now I’m Getting My Wages Garnished. – Deana

“Dear Steve,

Lived on a credit card for several months after loss of job in 2004, have not been able to replace income, now working for 1/2 the pay. Cannot get back on my feet. Also currently have Colorado tax garnishment withheld from my pay. Credit card company is now attempting to get a judgement against me.

If the maximum garnishment is 25%, is that the total for all garnishments (e.g. the creditor will only be able to take the difference up to 25% of my wages after the amount that the state of Colorado is already garnishing from my wages)? I am also a single mother supporting 2 children, does this get figure into the calculations at all?

Denna”

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The Answer

Dear Denna,

Is this the only debt that you are struggling with? It seems that one consideration is also to file bankruptcy to end this old debt you simply can’t afford to repay.

On the garnishment front it appears that Colorado follows the federal laws which say:

UNITED STATES CODE: TITLE 15, CHAPTER 41, SUBCHAPTER II

§ 1673. Restriction on garnishment

(a) Maximum allowable garnishment

Except as provided in subsection (b) of this section and in section 1675 of this title, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed

(1) 25 per centum of his disposable earnings for that week, or
(2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206 (a)(1) of title 29 in effect at the time the earnings are payable,
whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph

(b) Exceptions

(1) The restrictions of subsection (a) of this section do not apply in the case of
(A) any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review.
(B) any order of any court of the United States having jurisdiction over cases under chapter 13 of title 11.
(C) any debt due for any State or Federal tax.
(2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed
(A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual’s disposable earnings for that week; and
(B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual’s disposable earnings for that week; except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.

But let’s look at the larger picture here. Tell me more about your overall debt; who do you owe and how much.

Post your answers in the comments section below.

Big Hug!

I Had Lost My Job and Was Living on Credit Cards. Now Im Getting My Wages Garnished.   Deana
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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