Oklahoma Affidavit in Support of Motion to Discharge Writ of Garnishment
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How to fill out Affidavit In Support Of Motion To Discharge Writ Of Garnishment?
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FAQ
Is there anything I can do to stop the garnishment? Exempt funds or income. In Oklahoma, there are some types of money that are protected from garnishment by a creditor such as social security. ... Bankruptcy. ... One at a time (except if one of the garnishments is child support). ... Undue Hardship.
In Oklahoma, creditors, debt collectors, and debt buyers are legally entitled to garnish your wages if they've gotten a court order with a judgment through a lawsuit. Your wages can be garnished if you owe consumer debt, such as credit card debt, back rent, unpaid auto loans, medical debt, or payday loans.
Wage garnishments can be stopped through two options: 1) Pay the debt in full with interest and attorney fees. 2) File bankruptcy. You may file for Chapter 7 or Chapter 13 bankruptcy.
In Texas, wage garnishment is prohibited by the Texas Constitution except for a few kinds of debt: child support, spousal support, student loans, or unpaid taxes. A debt collector cannot garnish your wages for ordinary debts. However, Texas does allow for a bank account to be frozen.
Oklahoma allows two types of garnishment: continuing or wage garnishment, and non-continuing, which is bank account levy. For wage garnishment, Oklahoma follows federal rules, and exempts 75% of the judgment-debtor's disposable earnings (OK Stat.
Up to 50% of your disposable earnings may be garnished to pay child support if you're currently supporting a spouse or a child who isn't the subject of the order.
A creditor MUST have a judgment against you before it can get a garnishment. There are two basic limits on the amount creditors can take from your wages. First, they cannot take more than 25% of your take-home pay. Second, a creditor must leave you with at least $217.50 a week or $870 a month in net (take-home) pay.