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Old 08-14-2009, 11:16 AM
 
2 posts, read 4,425 times
Reputation: 10

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I have a wage garnishment that already went through even though I filed an exemption with the LA Sherrifs office.

Because I filed the exemption I have a court date.

The problem is Ive never been in debt in my whole life and im 28, I dont know what to bring to court.

I was just approved for a loan modification which means my home was on the brink of foreclousure, but now my payments are doubled to 1800.00.

My salary alone is 2700.00, and I have a car payment, gas, food, electric, water, and credit card bills.

Would I present these to the juge indicating that is why I cannot afford to have my wages garnished?

Would the judge allow me to settle even though I tried with the collection attotney and was denied?

BTW This was an 800.00 medical bill that a collection agency puchased and added about 1200 worth of fees.

Both my parents are LAPD and my mom happened to pass away and Im an oly child and was on a leave of absence due to the fact of the way she died and I did not have medical.

Should I bring that to the judges attention and bring the death cert, and get something from my employer for the leave of absense.
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Old 08-14-2009, 11:31 AM
 
Location: RSM
5,113 posts, read 17,782,649 times
Reputation: 1893
You might want to ask around at a local college for some help? Some enterprising law student may be able to help you out or something, and of course, some lawyers do pro-bono work
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Old 08-14-2009, 12:29 PM
 
1,753 posts, read 6,213,430 times
Reputation: 1613
You might try contacting Legal Aid
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Old 08-14-2009, 01:22 PM
 
2 posts, read 4,425 times
Reputation: 10
Default Re: Question

I dont need an attorney because its a small claims debt if anything. What I was hoping to gain by posting this question was someone who may have been in the same situation as me. I need to know what to bring to court and what is the worst case scenerio if i lose.
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Old 08-14-2009, 01:26 PM
 
11,151 posts, read 14,411,510 times
Reputation: 18808
I'll second contacting Legal Aid -- even if you don't need them in court, they can probably advise you of any options you might have and the probable consequences if you lose the case.
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Old 08-14-2009, 01:30 PM
 
25,739 posts, read 26,286,346 times
Reputation: 24412
I would think worst case would be that the garnishment stays. As far as what to bring, again, you do need to talk to a lawyer (I third the vote for Legal Aid). Just someone's experiences on here will not help you and could conceivably leave you hung out to dry as we're only people, not lawyers, and even someone who's been to court to dispute a wage garnishment may be totally off-base as to what will work for you.

Bring evidence of the expenses you list, such as canceled checks for your rent (or a bank statement) and proof of your wages.
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Old 08-14-2009, 03:56 PM
 
Location: RSM
5,113 posts, read 17,782,649 times
Reputation: 1893
keep in mind most large employers will provide legal services/consultations to some degree for their employees, if you happen to work for a large company
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Old 08-14-2009, 09:23 PM
 
4,261 posts, read 9,008,338 times
Reputation: 3262
Considering the amounts involved....Maybe take on a second job for a while. Even 20 hours a week at like Target($8.50 an hour) comes out to about $500 a month after taxes. Seems like that small amount would be enough to put you over the top for a while, and keep you financially secure until you pay the $800 off and maybe save up a little to help with the housing issue.

Or rent out a room in your house.

Of course I always get chewed out for recommending this advice.
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Old 08-15-2009, 12:43 AM
 
898 posts, read 1,353,907 times
Reputation: 1007
Contact legal aid. Why would you choose to listen to a bunch of strangers on the internet instead of a real lawyer who will give you actual, factual advice for FREE?
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Old 08-15-2009, 02:07 PM
 
Location: LA
304 posts, read 841,204 times
Reputation: 98
You definitely need an attorney.
Prepaid Legal may work. small monthly retainer a good deal for consultation.
specific complex services like bankruptcy are also discounted
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