question about wage garnishment


B

Bill Mentzer

hello,

if I'm having my wages garnished, but if my financial situation
changes (i.e. an increase in rent or other bills) can I submit my
changes to the court? how does this process work? are the conditions
of wage garnishment "permanent" or will the court allow for changes/
modifications?

thanks
 
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G

Guest

Bill Mentzer said:
if I'm having my wages garnished, but if my
financial situation changes (i.e. an increase in
rent or other bills) can I submit my changes
to the court? how does this process
work? are the conditions of wage garnishment
"permanent" or will the court allow for changes
/modifications?
Real world answers depend,

first, on the not here by you provided answer
to the "where?" question because different
U.S. states provide for differing standards
re. what (if any) kind of factual showing will
be considered and also be required to
overcome an otherwise applicable statutorily
prescribed percentage deduction, and

second, on whether there are credible facts
going beyond, as above, a just generalized
reference to apparently garden-variety
expenses compared with whatever is the
applicable state's standard for a dowward
modification or maybe just temporary
stay of enforcement (re. which courts often
distinguish between ordinary and not
reasonably forseeable/extraordinary
expenses coupled with no little skepticism
about, if you will, self-induced hardship).

But to take just one example in terms of procedure (others readily
could be cited), in N.Y., the courts have what is said to be
"inherent" and - anyway, statutory granted - authority at any time
on/by motion by a judgment creditor or judgment debtor made on notice
(which in appropriate cases might also be made by court granted order
to show cause including a temporary/interim stay) to modify an income
execution, in particular [NY CPLR 5231(i)], or any other judgment
enforcement device in general [NY CPLR 5240].

And, of course (and as presumably you know already), "permanent" does
not necessarily/actually mean "forever" and, instead, is a (presumably
time-limited) factor referring to the earlier of discharge in
bankruptcy, or the like, or the satisfaction of the judgment including
accruing interest including if by way of compromise/settlement).
 

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