Legal Question in Credit and Debt Law in Missouri

If you've been making regular payments on a medical bill even though its not the amount they want, but what you can afford can they garnish your wages?


Asked on 2/05/13, 8:16 pm

1 Answer from Attorneys

Anthony Smith LawSmith

In order to garnish your wages, they will have to get a judgment against you first. If they have a judgment, they cannot garnish your wages, if they have agreed to accept the payments you sent. The hard part is showing that they have agreed to accept the just amount you've paid. You indicated that it less than they want, so they probably have not agreed to to accept the small amount in exchange for a promise to not garnish your wages.

The other question is WILL they garnish your wages? Seeking a garnishment, often stops debtors from making any more voluntary payments. You did not indicate the disparity between what they want for payments and what you've paid. If it is less than 200%, it is unlikely that they will go through the expense of garnishing. That is if they want $100 payments and you're only paying $50 each month, they are not likely to garnish if you are a consistent payor. If they want $300 per month and you're paying $25, they may disagree with your determination of what you can afford, and garnish at least once. Another factor may be whether your payments are at least covering the accruing interest.

Good luck

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Answered on 4/06/13, 12:55 am


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