I was notified by my employer that my wages were going to be garnished due to a past debt from 2011. Is there anything I

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Customer: I was notified by my employer that my wages were going to be garnished due to a past debt from 2011. Is there anything I can due to reduce the total amount owed?
JA: Are you hourly or salaried? How many hours do you work each week?
Customer: I'm paid hourly, and work approximately 38 hours per week.
JA: Where are you located? Wage-and-hour laws vary by state.
Customer: Arizona
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I don't think so
Answered by Dan Dufresne in 5 mins 2 months ago
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Dan Dufresne
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Dan Dufresne, Expert

Good morning!
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Dan Dufresne, Expert

My name is ***** ***** I've been an attorney for 19 years.

Customer
Hello
Customer
Okay
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Dan Dufresne, Expert

Greetings!

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Dan Dufresne, Expert

I look forward to assisting you.

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Dan Dufresne, Expert

How long ago did your employer receive the wage garnishment?

Customer
Over a week ago
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Dan Dufresne, Expert

I'm working in real time so thanks for your patience in advance.

Customer
Ok
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Dan Dufresne, Expert

The garnishment was entered against you.   You might consider contacting the creditor directly to negotiate a lumpsum payment or a reasonable payment plan.  Is there anything else I can clear up for you?

Customer
I talked to the creditor, they said they could reduce the percentage taken from each check but not the total amount owed. I'm wanting to know if there's anything I might be able to do to get the total amount owed reduced
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Dan Dufresne, Expert

Unfortunately, a judgment was entered against you.  The creditor has no legal obligation to reduce the amount of this judgment.  Do you have any additional questions for me?

Customer
A copy of the notice of renewal judgment I was given expired in January 2021. Said it was good for 5 years
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Dan Dufresne, Expert

I'm not sure how the creditor could have received a wage garnishment with a lapsed judgment.

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Dan Dufresne, Expert

If this did occur, you might consider filing a Motion to Vacate Judgment.   Is there anything else I can clear up for you?

Customer
The original judgment was in January 2011, the renewal judgment was issued in January 2016. The copy I have said expired January of 2021. However I just found out that in Arizona in 2018 a law passed extending it to 10years.
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Dan Dufresne, Expert

Right --- therefore --- the creditor wasn't required to file a Notice to Renew Judgment.

Customer
Thank you, ***** ***** question. What might the judge need if they were to vacate judgment?
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Dan Dufresne, Expert

Vacating a judgment is a difficult legal task.  Outside of limited factors (fraud, etc.), the court isn't inclined to vacate a judgment which was entered in 2011.  Is there anything else I can clear up for you?

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Dan Dufresne, Expert

Do you have any additional questions for me?

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Dan Dufresne, Expert

I hope I've been able to assist you!


If you would like to ask me another question in the future, you can add me as a favorite Expert. You’ll have the option to do that on your “My Questions” page if you choose to rate our interaction.


Have a good evening!

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