Garnishment help

[jjenn99]

I am seriously drowning by a garnishment originally imposed in August of 2009. I made the mistake of not showing up at the original court date so it is my fault. The court allowed 25% as I figured they would. By the end of 2009, I was over half way to completion. Come February, they tacked on 24% interest on the total owed and now I'm not even half way down. I recently found out that another small debt was added as a garnishment. My payroll liason explained to me that she has to deduct the full 25% for the first one and then anothe 15% for the second one, for each pay period. Needless to say, I really have no disposable income and am using my bank's overdraft protection EVERY pay period. Is this legal to deduct 40% of my income? I woud like to file Chapter 7 as I do not own a car, house, anything, but I cannot even afford to pay my monthly living expenses. This has lead to me being depressed, even though I know this is all my fault. I just want a clean slate as I have learned my lesson. I cannot afford professional help in declaring Chapter 7 but it's very confusing to me to try it on my own. Any advice would be highly appreciated. Thank you in advance.

 

[Proserpina]

Unless the second debt is related to child support or spousal support, your payroll department is completely wrong here.

The maximum amount that may be held from a person's weekly wages, after withholdings required by law, is the lesser of:

1. 25% of the wages,

2. 10%, if the person is head of a family and a Missouri resident, or

3. The amount by which the weekly earnings exceed thirty times the federal minimum hourly wage. Mo. Rev. Stat. §525.030.

Note: Child support garnishment may be subject to a higher percentage of deduction.

 

[jjenn99]

Thank you so much. That is what I tried to explain to her and really didn't get anywhere. I really appreciate you taking the time to respond.