After-Judgment and Garnishment Correction
The world does not always play out the way we plan for, and sometimes honest, hardworking people can end up with judgments and garnishments as a result. However, mistakes can happen by the opposing party and even by the court that lead to incorrect court orders, especially in uncontested cases where the court may take the word of the suing party. Even though we know these clear mistakes happen by others in this process, consumers without full legal knowledge of their rights are written off simply because they made a “mistake,” and thus anything the collector and court must be fair game.
It’s not.
Even though you have a judgment or garnishment, you still deserve to be treated with dignity and respect as well as have your rights by law upheld. The Consumer Law Office, LLC also believes you deserve to have your rights protected by an attorney who will vigilantly fight for you, even if the court does not appoint one for you. You should not pay more than you legally have to. You should not be making payments in amount higher than you legally have to. You should not have your legally protected funds stripped out from under you. If your rights have been violated, the Consumer Law Office, LLC may be able to help. Please fill out the form below, call us at 515-329-6603, or email Attorney Tye A. Reiman directly at TyeReiman@ConsumerLawOfficeLLC.com for a free consultation about your case to see if Tye is able to assist you.
Our services are offered exclusively to Iowa consumers. If you live outside the state of Iowa and are facing similar issues, please follow this link to the National Association of Consumer Advocates to find an attorney who can assist you in your state.
Many of the forms referenced below are free or available at a low cost for the public at the County Clerk’s office in the county your judgment was entered- but as with much of the court system without a legal degree, they can be frustrating and confusing to correctly fulfill and submit, which could affect the exercise of your legal opportunities. It may be possible to work with the County Clerk, though they are often too busy to provide assistance to every consumer. There is also a need for a hearing in many situations which, unless represented, would likely require you to have time missed from work or school.
Our attorney, Tye Reiman, can personally fill out the necessary documentation for Iowa consumers in the areas below and file and appear on your behalf in court to help ensure you are taken care of justly. Please look at the issues below to see the ways the Consumer Law Office, LLC can potentially stop or reduce your immediate obligations.
Our services are offered exclusively to Iowa consumers. If you live outside the state of Iowa and are facing similar issues, please follow this link to the National Association of Consumer Advocates to find an attorney who can assist you in your state.
A. “What is a judgment lien?”
When reviewing a judgment order against you, there will likely be a phrase that applies to “all property now owned or to be acquired (or otherwise ‘or after-acquired’)” for the duration of your obligation to pay. This means that every property you own has a lien against it and any attempt to sell a property, the owner of the judgment can have your obligation paid for with those sale proceeds. You can avoid this through a Homestead Exemption. This does not erase the judgment, but allows you to sell the home without a piece being at risk of paying off any judgments (other orders for support.)
1. Selling a Home With a Judgment Lien Against It?
B. “What Counts as a Homestead?”
Owning livestock not necessary; a “homestead” is simply a house used as a home by the owner and it may include one or more continuous lots or tracts of land, along with the buildings and other additions to it, “habitually and in good faith used as part of the same homestead.” This means that if you honestly and regularly live in the house, it can be a homestead, preventing judgment obligations from affecting it, and therefore the amount of any sale of the home will be protected. This helps people moving secure the full amount of their home’s value before moving to another home, preventing issues with not having the funds to close.
Our services are offered exclusively to Iowa consumers. If you live outside the state of Iowa and are facing similar issues, please follow this link to the National Association of Consumer Advocates to find an attorney who can assist you in your state.
2. Is the Garnishment amount correct?
A. “How much should I be paying for my garnishment?”
The strictest standards set by Iowa and Federal law set the amount paid for a garnishment at either (1) 25% of the “disposable earnings” for a weekly period, OR (2) the amount exceeding 40 times the federal minimum hourly wage for a weekly period (currently approximately $290). This amount will adjust based on the period the garnishment is taking funds and may correlate with your normal paycheck. If you are paying more than you should, fill out the form below and see if Attorney Tye A. Reiman may be able to help.
B. “What are Disposable Earnings?”
“Disposable Earnings” are a defined term by law and in this context means “the part of earnings remaining after the deduction of amounts required by law to be withheld or assigned. Basically, this means that only the amount you make above minimum wage and not including exempted funds is accounted for when taking the percentage stated above and is then able to be collected. If you know that you fall into one of these categories and are being garnished illegally, please fill out the form below and see if Attorney Tye A. Reiman may be able to help.
C. “What if I can’t pay what the court says I can?”
Things can happen during the entry of judgment, making it erroneous, and after a valid judgment and/or garnishment order has been entered that change the circumstances behind your ability to make the payments that were originally set by the court. You have a right to be heard and to have your circumstances looked at again, if you can show good cause to do so. There are forms available from each county clerk’s office that allow you to petition the court for a new look at your situation. This will likely involve a court hearing to determine your ability to pay and will adjust your payments accordingly. This will likely lower your payments so that you are able to make ends meet. Our fees to assist with this process are reasonable, and we are willing to work out acceptable payment plans for you to help make you financially secure again. You deserve an attorney who knows what they are doing, even if you are not rich. Fill out the form below and see if Attorney Tye A. Reiman may be able to help.
3. Government Exemptions
Certain government assistance programs and retirement options offer exemptions which provide protection of the income that you receive for your living expenses. Some of the most common of these includes social security exemption, as well as federal pension exemption, which protects these funds from most judgments and garnishments. If you believe that your income should be protected from a judgment but are still having funds taken, you may be entitled to have it stopped: Fill out the form below and see if Attorney Tye A. Reiman may be able to help.
Please provide your information and a summary of your situation at the bottom of the page, call us at 515-329-6603, or email Attorney Tye A. Reiman directly at TyeReiman@ConsumerLawOfficeLLC.com for a free consultation about your case to see if Tye is able to assist you.
Disclaimer: This website is an Iowa public resource of general information that is intended, but that Tye A. Reiman and this firm make no promise or guarantee, to be correct, complete, and up-to-date. This website is not intended to be a source of advertising, solicitation, or legal advice, thus the reader should not consider this information, to be an invitation for an attorney-client relationship, should not rely on the information provided herein, and should always seek the advice of competent counsel in the reader’s state. The owner of this website is a law firm consisting of an attorney licensed solely in Iowa and thus will not provide advice to out of state clients outside of referral to the NACA website. Furthermore, the owner of this website does not guarantee to represent or provide consultation to anyone desiring representation based upon viewing this website, submitting their information, or anything other than the receipt of a signed fee agreement by the attorney. The owner of this site will do their best to accommodate lowan cases that they believe will be successful, but makes no guarantees due to the nuanced and everchanging nature of the law. The hiring of a lawyer is an important decision that should not be based solely upon advertisements, news stories, or website information.