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hearing of exemptions for garnishment
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Posted by Marcy (68.102.107.234) on July 04, 2003 at 14:08:11:
My husband has a judgement against him and they are garnishing his wages for 25 percent. We requested a hearing and have a date for next week. We are in Kansas. The form we filled out for the hearing is called a "Combination Debtors Request for hearing, notice of hearing and certificate of service" It says "I request a hearing because money or property which is being garnished by the creditor is exempt because" and we wrote "financial hardship/owe outstanding taxes." What should we expect at this hearing. Any idea on what we would need to bring. Our stance is that our money is going towards paying back taxes, medical bills and basic needs to survive and that we are not able to afford the full garnishment.
Will the judge allow me to speak since the debt is in my husbands name? He is not very good at verbalizing these things.
How should I configure our bills since we split the bills, use the same bank account, but get seperate checks? Does anyone have any forms I could use for this purpose? Please help.
It is for a Perkins loan and I tried to do a direct consolidation with the Dept of Ed with one of my loans. They sent me paperwork that they could not do this since the perkins loan is in judgement status. But if they receive confirmation that the judgement is vacated, then they will finalize the consolidation. I called the creditor and explained this, asked them to remove the judgement, send proof to the dept of Ed then the consolidation will be final and they would get their money. They refuse to do this...it is actually a collection agency, the school who still holds the loan will not talk with us and tells us we have to speak with the collection agency. Any ideas on this? Thanks so much.
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