Massachusetts Sample Letter for Garnishment
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FAQ
5 Ways to Stop a Garnishment Pay Off the Debt. If your financial situation is dire, paying off the debt may not be an option. ... Work With Your Creditor. ... Challenge the Garnishment. ... File a Claim of Exemption. ... File for Bankruptcy.
In Massachusetts, the most a creditor can garnish from your wages is the lesser of: 15% of your gross wages (that is, before taxes or other mandatory deductions are taken out) or. your disposable income less 50 times the greater of the federal or the Massachusetts hourly minimum wage per week.
If the debt is still with the original lender or creditor and they've already won a wage garnishment court order, it may be difficult to negotiate a payment plan, but it's still worth asking. Call the creditor and explain your situation. Ask if there are options to get on a payment plan that you can afford.
Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.
Section 10-5-8 of Rhode Island Law provides for a continuing withholding of your employee's earnings. Effective with the accompanying Writ of Attachment you are to withhold from your employee's earnings until you are in possession of $_________________________.
At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.
The court allows a hearing where you may claim an exemption that may stop the attachment. If you claim an exemption, you must complete the attached Defendant/Debtor's Objection to Notice of Attachment (Not for Wages) and file it with the clerk on or before the Objection Date (listed above).
Rhode Island follows federal law in setting out the maximum amount of non-exempt income subject to garnishment. The most that can be garnished is the lesser of: 25% of the debtor's disposable income.
