\r\n P6 \u2013 Friendly Wage Garnishment\r\n0:00\r\nOK, I wanted to cover what I call a friendly wage garnishment.\r\n0:04\r\nThis is aversion of equity stripping, where you are able to create a wage garnishments in a situation where you can\u2019t avoid levy against your wages. When I say wages, I\u2019m talking about r… <\/div>\r\n
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P6 \u2013 Friendly Wage Garnishment
\n0:00
\nOK, I wanted to cover what I call a friendly wage garnishment.
\n0:04
\nThis is aversion of equity stripping, where you are able to create a wage garnishments in a situation where you can\u2019t avoid levy against your wages. When I say wages, I\u2019m talking about resigned a W four with an employer and you get a W two over here, those are wages, it can be garnished.
\n0:22
\nIf you\u2019re working with an organization in some way where you\u2019re getting a 1099 and it just to check, that\u2019s not really considered wages.
\n0:29
\nAnd even though it\u2019s subject to levy, that can easily be remedy by changing the payee on the 1099.
\n0:36
\nSo if it\u2019s Bill Smith, who\u2019s receiving the payment, under the 1099, All Bill Smith has to do is instruct the company to pay his company.
\n0:47
\nAnd they\u2019ll do that very easily with its EIN, its tax number and this sort of thing.
\n0:52
\nWhen it comes to wages, you can\u2019t receive W two wages in any other name, but your own legal name.
\n0:58
\nThat\u2019s just the way the system is, but we do have some measures of protection, For example. There is, there are two laws.
\n1:08
\nThey\u2019re federal. And all the states have adopted them, except except for the states, and I\u2019ll go over that in a second.
\n1:14
\nThe Consumer Credit Protection Act is the federal statute, but it\u2019s also adopted into the 46 states.
\n1:20
\nAnd what that basically says is that an employer cannot fire you.
\n1:24
\nIf you have a wage garnishments, He can\u2019t penalize you in some way.
\n1:29
\nAnd if he does, there\u2019s they\u2019re actually criminal and civil penalties for doing so.
\n1:33
\nAnd that\u2019s why I encourage people, not to try to reduce the amount that\u2019s being garnished for, you know, the 25%, let\u2019s say, which is the maximum amount. States like New York are only 10%.
\n1:44
\nBut why would you reduce it from 25 to 20 or 15%, and then expose yourself to being fired where the employee, the employer, has no penalty of any kind.
\n1:54
\nAnd also, when you reduce the amount being garnished, buy an exemption when you file an exemption with the court.
\n2:02
\nIt opens the door for other creditors too, garniture paycheck as well, so you could, let\u2019s say you have 2 or 3 creditors, obtainable, judgements and begin Garnishments.
\n2:12
\nIf you get an exemption against the 25% on the first creditor and reduce it to, let\u2019s say, 15%, the next creditor can garners the other 10% and you waive all your protections under that particular statute. You can look it up. It\u2019s very easy to find.
\n2:27
\nIt\u2019s, uh, you know, you can just search it on the internet is called the Consumer Credit Protection Act.
\n2:33
\nSo here\u2019s how I use it to people\u2019s advantage.
\n2:35
\nIn the among the other provisions of the act, it also precludes a second lien creditor from attending a rate of garnishment from the court where there\u2019s already a writ of Garnishment.
\n2:49
\nSo, as long as the first word of, Gosh, minutes for the full amount, 25%, or whatever the state limits it to than everyone else\u2019s.
\n2:58
\nHaving to wait in line to garnish your wages.
\n3:01
\nSo that\u2019s why I can take $5 million in debt and turn it into the same risk as someone who has $50,000 in debt because the garnishment would be exactly the same.
\n3:08
\nIt doesn\u2019t matter how much debt you have, what matters is that, how many, how many gershman are in place.
\n3:13
\nSo using that, I figure, if that\u2019s the case, why would I give up any amount of money to creditors When I can just create the paperwork as if I loaned or a borrowed money and my friend loan money to me and I didn\u2019t pay him.
\n3:29
\nAnd we had a friendly arrangement where I told him, hey, just go ahead and sue me and get a judgement if you feel better about it, but I promise, I\u2019ll pay back soon. That sort of thing.
\n3:37
\nSo, this is a procedure or process whereby you can create this situation where your friend has garnishing your wages.
\n3:46
\nHe\u2019s not actually doing that, by the way. What we\u2019re going to do is make it to where you control all the paperwork, he\u2019s just allowing you to use his name to do it.
\n3:52
\nIt is a bit of a favor to ask a friend to do this because he does have to show up at a couple of hearings. He doesn\u2019t have to say much.
\n4:01
\nIt\u2019s a pretty simple procedure, and I\u2019ll explain all that.
\n4:04
\nSo anyways, it makes way better sense to look at the cash flow aspect of paying a debt, because some people want to pay the debt and be done with it. They say they want to be, they want to have it off their back, so to speak.
\n4:18
\nIt doesn\u2019t fix your credit.
\n4:20
\nPaying a debt does not fix your credit.
\n4:22
\nI\u2019m talking about, you know, anyone who\u2019s reporting to your credit file like a bank.
\n4:26
\nNo, like the credit card issuer, anyone who\u2019s going to report your credit file paying does not fix your credit. In fact, they\u2019re almost precluded from changing any item on your credit. They said that the judgements paid, but it\u2019ll still show up as defaulted judgement and this sort of thing on your credit.
\n4:44
\nSo you should look at the cash flow in in respect to whether or not to pay a creditor in terms of how is that cash going to be beneficial to yourself.
\n4:56
\nWhat so look at it in terms of what is the net present value of my cash?
\n4:59
\nIf I if I take my savings that I\u2019m getting from my job, and I pay off a $5000 credit card because it\u2019s easy to do and then I\u2019m not being sued anymore or They\u2019re not going to garnished me or something. Now.
\n5:12
\nI\u2019m out that $5000, But for what so why I don\u2019t have to deal with paperwork. It doesn\u2019t really make any sense You\u2019re not really solving a problem.
\n5:20
\nYou\u2019re actually putting herself years behind building your net worth And It goes for you know obviously the larger amount you\u2019re gonna pay on an unsecured debt That doesn\u2019t serve you anymore is really just it\u2019s actually eating away your time and building your net worth now.
\n5:38
\nI\u2019m the opposite when it comes to Paying friends and family if you borrow from friends and family or someone provided a service to you then pay the individual or pay that professional and make some sort of favorable arrangements whatever works Do the best? You can and now I think that\u2019s the moral thing to do but when it comes to creditors like banks.
\n5:56
\nIt\u2019s just, they just exploit people and I just say, don\u2019t pay them. They\u2019re not gonna lose any money anyways. They didn\u2019t risk anything in the first place.
\n6:03
\nSo, I always like to look at protecting wage income in terms of what the net present value is of that cash flow so I could take my $5000 instead of paying Citibank, just because I\u2019m afraid of being sued, afraid of a process that were coming to my house. So what?
\n6:19
\nAll right, so I can take that $5000, and I can literally buy a business, an online business that takes me 3 to 4 hours a week to operate as a typical example and I can make $2000 a month with that $5000. Why not do that? Why not take the $5000 and put it toward an asset?
\n6:36
\nAnd if I do want to pay the creditor one, maybe I can sleep better at night Well, now I have an asset that I can use to pay the creditor start learning how to buy assets and acquire assets in ways that can serve you.
\n6:47
\nSo, like, so, let\u2019s say I want to buy a home a motorcycle because I like to drive it in the mountains on the weekends, right?
\n6:53
\nWell, I can go spend 20, 30, $40,000, I don\u2019t know how much makeup motorcycles are out of my savings.
\n7:00
\nBut I can also by the laundromat in my neighborhood, I know you hear me say this a lot. This is a hypothetical example but I can buy the car wash or the laundromat in my neighborhood. I don\u2019t have to take on a second job to do that.
\n7:11
\nIt doesn\u2019t take much to manage an asset that\u2019s already being managed, and I can use the income for that asset to pay for the thing that costs me money.
\n7:19
\nSo, why not use an asset to pay for a liability?
\n7:22
\nStill, I don\u2019t care if you create an asset. I still recommend not paying these creditors, but that\u2019s, that\u2019s a choice you could make.
\n7:28
\nBut at least, your, have the skill, then, or the ability, or knowledge, that you can acquire an asset, and use it to pay for something that it\u2019s a liability.
\n7:36
\nLike, you can acquire an asset to For the simple purpose of, you\u2019d like to travel a lot. So, you want to cover your costs for traveling.
\n7:43
\nYou can buy travel agency or something that pays for that offset your cost.
\n7:48
\nSo, I like to look at that.
\n7:50
\nThe, your cashflow in that way, So, that\u2019s why I\u2019m, that\u2019s why I put this whole procedure together for protecting your wages.
\n7:58
\nSee, you don\u2019t have to do it. I mean, you can look at it like this. Let\u2019s say at $100,000 in credit card, debt, and everybody sued you. And only the first one who obtained a wage garnishment can get the wage garnishments.
\n8:08
\nSo, from then on, you might lose 25% of your net income, maybe it\u2019s 10%.
\n8:13
\nIf you\u2019re in a 46 states that allow a wage garnishment, that\u2019s way better than trying to settle for you know, doing a consolidation or try to do a settlement program. Those are just scams. Those are scams that are organized by the banking system. Trust me, this is not a thing that\u2019s going to help people, it\u2019s just gonna it\u2019s gonna ruin your ability to build your net worth. That\u2019s what the whole system is all about. What we do is this.
\n8:34
\nSo we\u2019re going to use the court system the same way the banks do, we\u2019re going to use it to perfect elite interests.
\n8:40
\nAnd then once we get the paperwork done, we\u2019ll get the judge to agree to it, which is very easy to do.
\n8:45
\nThen we can, we can then, ask the astro rid of garnishment against wages, and then, once that writ is issued, it\u2019ll sit there until the Court expires. If it\u2019s expired by statutes or rules of procedure, it depends on where you\u2019re doing this.
\n8:59
\nAnd I keep mentioning 46 states there are four states that do not allow wage garnishments unless it\u2019s for alimony, child support, student loan Collections, or IRS, or probably State tax.
\n9:12
\nSo there are a list of certain debts that you can\u2019t really prevent from being collected against wages.
\n9:19
\nBut when it comes to unsecured debt collections like creditors and debt collectors, you can they\u2019re easy to block.
\n9:26
\nThe four states are Pennsylvania, Texas, South Carolina, and North Carolina. Those states do not allow wage garnishments except from those five agencies or organizations.
\n9:36
\nAlimony, child support, state income tax, federal income tax, and student loan.
\n9:42
\nAlright, so, what you do is simply this, you go to the court, you can, you can go to the, the higher court, like the circuit court, or the superior court, or, what\u2019s called, the district court, I think, in New York, is called the district court, I think.
\n9:54
\nAnd you can go to the higher claims courts, where you can state a claim for an unlimited amount, You can, you can sue for over 25,000 or over 15,000, or whatever, above, small claims court.
\n10:05
\nIt just has a higher filing fee, and there\u2019s a little more formality with that.
\n10:09
\nIt\u2019s just as effective to have a $5000 lean. As it is a $50,000 thing. We used to do it for a quarter of a million dollars.
\n10:16
\nI do now for five to $15,000. And they\u2019ll just stay there forever, because they\u2019re never gonna get paid, you\u2019ll just use them until the lane expires.
\n10:22
\nSo you go into small claims.
\n10:24
\nYou contact your Clerk a court. You can go on the Internet.
\n10:27
\nYou can go to your local County court. You go to your small claims division, and you ask the clerk, or you go online.
\n10:32
\nMaybe the Clerk will give you the online Web address, and you get the small claims packet for pro se.
\n10:40
\nThat means people without attorneys, for pro se litigants, who want to follow small claims Court, for small claims lawsuit.
\n10:47
\nAnd you simply fill it out. It\u2019s nice because a lot of them are just checkbox forms.
\n10:51
\nSometimes they\u2019re not, so, you know, you have to kinda rewrite a form, you can use a complaint form from another state, and you can modify the language.
\n10:59
\nBut the general claim is this: you would sue in a friendly case, you will have your friend, sue, you would write all this up, and then your friend would just agree to let you use his name to do all this stuff.
\n11:09
\nYou would sue for a stated account.
\n11:11
\nWhat that means is, you were sent a bill and a demand for payment, and you didn\u2019t pay.
\n11:16
\nAnd so now there\u2019s a, there\u2019s an account that\u2019s been stated, and demand has been made.
\n11:21
\nAnd because it\u2019s a stated account, I don\u2019t have to allege the existence of a contract. I could just say, here\u2019s the bill. And he didn\u2019t pay.
\n11:28
\nAnd the judges say, OK, as long as it\u2019s not contested, because the case law says there has to be an underlying debt, but it\u2019s not going to matter in this case because you\u2019re not going to contest or friendly judgement, and you want someone to get this leaves. So you can use it to protect yourself from everyone else.
\n11:43
\nSo a stated account is the quickest, easiest, fastest way to get up this lean in place.
\n11:48
\nSo it\u2019s a lawsuit for state of the account.
\n11:51
\nAnd what, what, the way you do it is like this.
\n11:54
\nIt\u2019s not your typical process, like you see in the movies, and the rules provide this method.
\n12:01
\nYou simply take your complaint, and you have to have a demand letter that shows that the plaintiff your friend, sent you a demand in the mail, even though he didn\u2019t do it. It\u2019s just a letter that\u2019s backdated about a year.
\n12:14
\nBecause we\u2019re gonna start this now. We didn\u2019t think about this and plan ahead for a year, right? So you\u2019re just going to start this now. So you write a letter that basically says, Hey, Bill, you owe me, 4900 bucks.
\n12:23
\nI\u2019m really, I really need that money back, and when can you pay me?
\n12:27
\nPlease send it within 30 days Your friend, you know, George, whatever.
\n12:32
\nSo you dated for about a year ago.
\n12:36
\nYou do your small claims forms, you attach this letter, OK, this is an exhibit to the complaint, OK, so on the complaint, it says, you\u2019re suing for an open account or a stated account.
\n12:47
\nAnd, the demand letter is attached.
\n12:51
\nThen you claim in that complaint that the defendant never responded or disputed it.
\n12:57
\nAnd then you\u2019re asking the court for a judgement. It\u2019s as simple as it is. It\u2019s like a three line complaint.
\n13:02
\nSo you take this into the court. Now the clerk of the court is going to ask you for something called a civil cover sheet. It\u2019s a checkbox form. It\u2019s a way the clerk collects data. Don\u2019t be so scared about this form.
\n13:11
\nYou can\u2019t mess this up if it\u2019s if it\u2019s not checked off correctly.
\n13:16
\nThe clerk will said, give it back to you if it\u2019s not completed. Put it that way. The clerk will give it back if you make a mistake on a particular category of lawsuit or something like that. It\u2019s not going to affect your case at all, the clerk. All you care about is that the clerk accepts the civil cover sheet accepts your complaint with the exhibit.
\n13:32
\nAnd, if she\u2019s a case number, this is the most important thing.
\n13:36
\nYou want a case number.
\n13:40
\nOnce you have a case number, you\u2019re not going to need to issue a summons on your friend or on yourself.
\n13:48
\nUh, two to appear because this is an arrangement between friends.
\n13:54
\nEven the judge can understand that, you know, you guys are friends and you just organize this, so that because you can pay him now, you told me, get a judgement, OK. We understand that.
\n14:03
\nSo, the way you do it is, after the case number is issued, is the defendant is going to file an answer. And it should look like a letter. It shouldn\u2019t look like a formal pleading like. An attorney would write basically the letter should be dated. It should identify the name and address of the plaintiff. the name and address of the defendant.
\n14:20
\nIt should be a letter from the defendant to the plaintiff.
\n14:26
\nAnd a copy should be filed with the court, and in the letter it should just basically say, OK, I know, I read the complaint, I see what you\u2019re doing, OK. I know. I owe you. I\u2019m sorry, I\u2019ll do the best I can to pay you Back Sincerely, Bill Smith, right?
\n14:41
\nAnd then that becomes the defendants\u2019 answer.
\n14:44
\nAnd this is considered a general admission and because there\u2019s no defense like the defendant didn\u2019t deny any of the allegations. In fact, he admitted that he said, Yeah, I know I owe you. I\u2019ll do the best. They can be back, right. That means there\u2019s no controversy. There\u2019s no controversy. The planners should get what he\u2019s asking for or the case should be dismissed, something like that. In this case it\u2019s going to be where the plaintiff will get a judgement.
\n15:09
\nWe follow the layman\u2019s answer now.
\n15:12
\nThis this avoids default because the answer is filed within the 20 days, and besides your friend is not going to ask for default judgement against you, and we don\u2019t want default judgement, So there\u2019s really not going to be a default issue.
\n15:24
\nYou\u2019re going to answer within the time.
\n15:27
\nAbout a week after the lehmann\u2019s answer, as I call it, is filed with the court.
\n15:31
\nYou don\u2019t have to mail it to your friend.
\n15:33
\nThat\u2019s already settled, but you need to file with the court, you can do by first class mail.
\n15:37
\nAbout a week after that\u2019s done, you want to file a request for summary judgement, It\u2019s formerly called a motion for summary judgement.
\n15:43
\nAnd basically what that says is there\u2019s no controversy. There\u2019s nothing to say there\u2019s no discovery pending. Nobody\u2019s asking each other questions.
\n15:50
\nThere are no disputes as to any important facts.
\n15:53
\nIn the case, there\u2019s no reason to go to trial and that the plaintiff is entitled to the judgement, as a matter of law, it\u2019s very easy to do.
\n16:01
\nThe reason why we ask for summary judgement because it takes away the courts need to have the plaintiff prove up the case, you can avoid that altogether.
\n16:11
\nYou don\u2019t have to prove it the case, if you\u2019re asking for summary judgement.
\n16:14
\nSo it becomes very easy for the plaintiff to just walk in there on a motion for summary judgement.
\n16:19
\nAnd the key thing on the procedure here, is, once the motion for summary judgement is filed, there has to be 20 days lapse before there\u2019s a hearing on that motion. You can\u2019t file it.
\n16:28
\nAnd then five days later, ruling on it, That\u2019s technically correct. Now, some judges will, will see that there\u2019s no point in waiting another three weeks. So they\u2019ll, they\u2019ll grant the motion.
\n16:39
\nBut just keep that in mind, that the actual procedure is 20 days, advance, notice. So there has to be a motion for summary judgement and a notice of a hearing.
\n16:47
\nThe plaintiff has the schedule, actually the defendant can just schedule it and then scheduled for a month out.
\n16:54
\nSend your notice and motion for summary judgement, You know, before the 20 days begin before the hearing date, and then you have your hearing that your friendly plaintive shows up.
\n17:04
\nThere\u2019s no controversy, the definitive course never shows up.
\n17:07
\nAnd so, the only question then is whether or not to grant the motion. I mean, there\u2019s no reason why the judge would not granted. We had one just recently where the judge wanted to ask a series of questions to the plaintiff.
\n17:19
\nAnd he\u2019s not supposed to do that but basically here\u2019s the response.
\n17:24
\nEven though the judge is not supposed to engage in ex parte communication, sometimes we have to tell the judge, Yeah, you know, Your Honor, my friend. And I know we had some things going on and I let him some money and he couldn\u2019t pay me, and he felt really bad.
\n17:37
\nAnd he said, look, if it feels, if you feel better doing this, and if your wife will stop \u2026, just go into court and get a small claims judgement against me. So here I am, Your Honor.
\n17:46
\nAnd, of course, he\u2019s not here. He doesn\u2019t contest any of that stuff, so the judge should just grant emotion. It\u2019s very easy.
\n17:51
\nAll right, So you\u2019re gonna get a piece of paper with the judge\u2019s signature, with a judgement of X dollars.
\n17:58
\nOnce you get that, you have to go to the Clerk of Court and get a certified copy of this is called a conformed copy.
\n18:04
\nC O N, F O R, M E D, conformed copy, or Certified Copy, and all that means is the clerk of the Court will print it out and stamp a seal on it, and then charge you a dollar or something to have a copy of it.
\n18:17
\nSo when the clerk hand you the certified or conformed copy the judgement, you hand it back to the clerk with an application for rid of garnishments.
\n18:25
\nNow that\u2019s a different set of paper. So first, we went to the clerk. Can we got the small claims processing procedures, and forms for doing a small claims action?
\n18:32
\nAnd sometimes, in those packets, the forms needed to ask for a wage garnishment are not included, so you have to go look for a second set of documents for pro se, application for continuing rate of wage garnishment, that\u2019s what you want.
\n18:49
\nAnd sometimes you can find these, I\u2019m going to show an example here, You can find these on on the Internet.
\n18:54
\nI\u2019ll show you how to do that in a second.
\n18:56
\nAlright, so you simply take your conform, copy the judgement you apply for really garnishment if there\u2019s not already pending, you\u2019re gonna get it.
\n19:03
\nIf there\u2019s already one pending, I\u2019m going to show you real quick, how to get, how to get that stop.
\n19:07
\nSo, if you\u2019re dealing with a situation where the bank beat you to it, I can show erupt theirs and get yours in place first.
\n19:15
\nIt doesn\u2019t matter when somebody got the judgement, what matters is when, who got the rid of garnishment first, OK? It only matters who got the judgement first and recorded it when you\u2019re talking about titles to real estate and equity.
\n19:28
\nSo, once we get the garnishment, you have a couple of choices. You can sit on it, which you, I recommend. You can just sit on it.
\n19:34
\nAnd that\u2019s enough to block everybody else from getting rid of argument.
\n19:37
\nYou can also arrange it to where the garnishment actually takes money from your check. It doesn\u2019t go to your friend.
\n19:43
\nI mean, you could do it if you want that way, but you can also use one of your LLC companies, You can use an LLC, and you can you can deposit the garnished amounts into the company account.
\n19:55
\nSo, that way, you still get the money, but it\u2019s your garnishing, your own check. It\u2019s going to your own account. You could do that too.
\n20:00
\nYou can, you know, sit on it. You can, you can have a process server. Serve it on an employer and actually take the money and, you know, put it in your company account. You can do pretty much anything you want.
\n20:08
\nSometimes the clerk of court will push you into a situation where he or she will say, Well, you have to, you have to issue a summons and serve it on the employer. And I don\u2019t know if that\u2019s true.
\n20:20
\nI mean, you can just tell the clerk, Well, I just want the red, I\u2019ve got the written, now, the judge signed it Here.
\n20:25
\nHe signed a judgement, then assign a writ of garnishment, and I\u2019m just going to, I\u2019m just gonna wait my friend and I are working something out, Right?
\n20:32
\nSo, the clerk will say, OK, well, then come back here if you want to issue a summons. So, you can have that conversation with the clerk. If the clerk has given you a hard time about issuing a summons to the employer because some people don\u2019t want that.
\n20:42
\nI don\u2019t know why they and maybe people get embarrassed or something like that. So you want to this is a way where you can also exclude the employer from any contact regarding the garnishment.
\n20:51
\nIn fact, once you do this, if you can just sit on the garnishments, Anyone else who tries to garnished won\u2019t be able to get the read write.
\n20:58
\nSo that means he\u2019s not going to contact the employer, it makes it that much easier.
\n21:03
\nAnd let\u2019s maybe he\u2019s doing discovery, which is unlikely OK, So here\u2019s how you would interrupt it.
\n21:13
\nIt\u2019s very simple.
\n21:13
\nYou needed Automatics day, This is the simplest way to do it the other way to do it may be where you negotiate some sort of payment in exchange for releasing the garnishments That can work, But then it costs a little bit of money.
\n21:25
\nSo just you gotta play with it a little bit for most people I would just recommend doing a bankruptcy.
\n21:31
\nThis is not bankruptcy Everybody gets They start freaking out when they hear me say that what we\u2019re doing is we\u2019re using the US.
\n21:38
\nDistrict Courts automatic stay procedure That\u2019s in the bankruptcy rules We go in there. We fall about nine pages You get an automatic stay.
\n21:45
\nThe moment the cases issued in the US District Court in the bankruptcy clerk of court It\u2019s the same court has the US district court You get a case number as soon as that happens You serve notice on the garnishing party the bank That will stop the garnishments.
\n22:00
\nYou wait about two days or so.
\n22:02
\nAnd you follett dismissal. You can just dismiss it right away.
\n22:05
\nYou don\u2019t have to wait, You\u2019re not filing a bankruptcy, I\u2019ll say this several times. A bankruptcy is when you go into the court You get your automatic stay, and then you submit a re-organization plan as to how you\u2019re going to pay creditors. We\u2019re not doing that at all.
\n22:18
\nWe\u2019re just getting enough papers filed, too, get the get the automatic stay for just one day.
\n22:24
\nWe\u2019re going to dismiss the bankruptcy and it\u2019ll take the attorneys a month or two, sometimes three to re-instate their garnishment process that takes them awhile to get things going.
\n22:34
\nWell, you\u2019ll already have your application for the garment ready to go.
\n22:37
\nSo as soon as you dismiss your bankruptcy, you come in there and slap in your, your rid of garnishment, and you\u2019ll get it. You\u2019ll get it before the other bank. The bank comes back in and tries to re-instate it. So now once yours is in place, the bank will not be able to re-instate its rid of garnishment.
\n22:52
\nSo I\u2019m gonna review this real quick. So you get the civil cover sheet.
\n22:56
\nI forgot to mention there\u2019s a fee waiver affidavits. So I always recommend people do it.
\n23:00
\nIf you can qualify for a fee waiver, definitely do it.
\n23:05
\nJust look at the affidavit, every courts, a little bit different, but ask for a fee waiver.
\n23:09
\nIt\u2019s called an affidavit of indigence indigents, it\u2019s I call, a fee waiver affidavit.
\n23:16
\nSo why not ask the court if based on your income, if you\u2019re willing to disclose it if the court can waive the filing fee when your friend files a friendly complaint?
\n23:26
\nAnd by the way, don\u2019t use that language with the court.
\n23:29
\nThis is just my language, OK, friendly wage, garnishment, I don\u2019t even like that term, but just so you know, for our conversation, this is not a thing, OK, It\u2019s just what I call it, so we know we\u2019re talking about, Alright?
\n23:40
\nSo then you got your account, your, your account stated complaint, your fee waiver affidavit, a civil cover sheet, and then you\u2019re, you\u2019re gonna have your lehmann\u2019s answer. You can have a motion for summary judgement.
\n23:52
\nAnd there\u2019s a form you\u2019ll find, it will be with this video, it will be in the documents, motion for summary judgement, you can find those on the internet too.
\n23:58
\nBut the most important thing on the motion is you\u2019re just going to tell the judge that there\u2019s nothing really worth going to trial over.
\n24:05
\nThere\u2019s no, there are no important facts in dispute.
\n24:08
\nDiscovery is not pending and that you\u2019re entitled to the judgement as a matter of law.
\n24:13
\nThere does have to be an affidavit with it, basically. Basically the affidavit would say the same thing.
\n24:31
\nSo yeah, there should be an affidavit with the motion, and it should say basically the same thing as what\u2019s in your motion.
\n24:38
\nAnd then, once we get that in place, we do the application for already garnishment. OK, I\u2019m going to show you something right now.
\n24:45
\nThis is, now you\u2019re gonna see this attached to the video, but I just want to show you, because I don\u2019t.
\n24:51
\nYou\u2019re not gonna be able to read this too well, but just so you see, it means something here. So.
\n24:56
\nhere\u2019s your first page.
\n24:58
\nIt\u2019s called the continuing rate of garnishment against salary wages. It\u2019s a form.
\n25:03
\nYou can see the language in here actually is Word for Word, what\u2019s in the statute, so this is for Florida.
\n25:10
\nIt talks about where there\u2019s exemptions and things like that. Typically, your your exemption that you may consider using is if your head of household in Florida and your particular state. This works in all the states, by the way. It works similarly.
\n25:23
\nAs Head of Household in Florida, we have a particular statute that would allow you to avoid whole wage garnishment without even going through all this process. So, sometimes we can do that, a lot of times, we can\u2019t. So, basically, all you need to have a certain level of income, a lower income, and independent.
\n25:38
\nThat should be enough to get you the 100% exemption.
\n25:41
\nThis is not a reduction in The amount that expose you to other creditors is completely different.
\n25:47
\nNow, there\u2019s, there\u2019s an exemption in state law, sometimes, like for head of household, you have to check your state statutes for that.
\n25:54
\nIn Florida, it\u2019s Florida Statute 222.11.
\n25:58
\nAnd also, there is a federal statute. This applies at all 50 states, or all 46 states.
\n26:04
\nOK, that\u2019s Title 15.
\n26:06
\nAnd you can look this up on the Internet, Title 15 USC United States Code, And it\u2019s Section 671 through 673.
\n26:15
\nAnd you\u2019ll find that in 673, there\u2019s little paragraph, and it tells you how to calculate whether or not you\u2019re exempt based on your gross income and this sort of thing. So you can just, you can go find that online, and just get a scratch paper paper out, and just write it up, and you will see for yourself, if you\u2019re exempt.
\n26:32
\nIf you\u2019re not exempt, this is when you want to get a friendly judgement lien in place, OK.
\n26:38
\nSo then, what goes with this?
\n26:40
\nThis is one page. Right, and the clerk issues.
\n26:42
\nIt, the clerk is going to issue that the judges signed off and approve the application. For rid of garnishment, this is where, this is your second hearing, where your friend goes in there and says, you know, it\u2019s still contested.
\n26:52
\nI want my rid of Garnishment and the judge that, again, signed the order, and we just presented with the forms to file.
\n26:58
\nHere, this is just notices that are required by statute, basically telling you about exemptions, how to ask for hearings, and so forth.
\n27:07
\nWhen someone In most states, when a party is asking for a bit of Garnishment against wages, he has to give the defendant blank forms to fill out checkbox forms that would stop at Florida, Florida Garnishment, or stop a wage garnishment, your, they have.
\n27:22
\nThey have to tell you what exemptions you have.
\n27:25
\nNow, this is not going to apply to you because you want, you want this to be in place because you\u2019re trying to protect yourself against another.
\n27:33
\nAnother one, but as you can see, I\u2019ll show you how to get this by searching on the Internet, but basically what they\u2019re listing here is this is for a defendant, once he gets this.
\n27:43
\nApplication design is rid of garnishment from the clerk, with the package.
\n27:47
\nHe\u2019s gonna get this claim for exemption, right.
\n27:50
\nAnd he can just read it and checkbox the form and mail it back into the Court, and then there\u2019ll be a hearing on it and the judge will look at the facts and probably asked two questions. This is normally what happens when a bank is done going to do a garment. This is what you can do. In most states, what we\u2019re doing, we\u2019re talking about, we\u2019re not going to do any of this stuff.
\n28:08
\nIf you\u2019re head of household, and you qualify for the exemption, you can see there\u2019s a checkbox on the number-one spot. This is about the same in most states.
\n28:17
\nThe rest of the thing, you have other exemptions and so forth.
\n28:21
\nDon\u2019t don\u2019t be concerned about those. This is not going to serve you. You don\u2019t wanna reduce the amount. Like I said before, I explained that before.
\n28:27
\nEither, you\u2019re going to be totally exempt because you\u2019re head of household, or your income is not high enough, or you\u2019re just going to use a friendly judgement.
\n28:35
\nAnd here we go, again, you\u2019ve got, basically, once you, once you do the checkbox form, it\u2019s an affidavit, it\u2019s a jeer at, all right, this is the place where you have a notarized OK, and they sent it back.
\n28:46
\nWe\u2019re not going to do any of this stuff, but when your friends doing it, OK, your friend has to include these forms when he files width for the rid of garnishment.
\n28:54
\nOtherwise, the clerk is going to say, The application is incomplete, you have to include all the forms that go to the defendant, even though you\u2019re not going to send them to the defendant.
\n29:02
\nThe court doesn\u2019t need to know that.
\n29:04
\nAnd, yeah, so here, here\u2019s another. This will be the same in all states, OK? I got these two from different websites. Here\u2019s an affidavit of exemption by head of family, right?
\n29:13
\nYou\u2019re going to see this, not in all the forms, mostly. Some, some states make it difficult, like New York.
\n29:20
\nThe attorneys over there don\u2019t want you to want it to be easy for people that don\u2019t have attorneys. They want to be hired, right?
\n29:26
\nSo here you can see it\u2019s like 5 or 6 pages, mostly instructions. It\u2019s pretty simple process. Here\u2019s how I got it.
\n29:33
\nI just go on my favorite search engine and I searched for Florida.
\n29:39
\nContinuing writ of garnishment and variations of that, here\u2019s the title of the document.
\n29:43
\nContinuing rid of garnishment against salary wages, I can search on that on that phrase or application for rid of garnishment.
\n29:51
\nSo, you\u2019ll find all these forms, same thing for small claims.
\n29:55
\nI can search, like, for example, State of Colorado, I can search on Colorado, Small Claims, pro se.
\n30:04
\nAnd I\u2019ll probably find a PDF document with all these pages that I can print out. A lot of times, I can save it on my computer, and then I can edit the PDF file, and I can print it out from there. So, you know, all the counties are different, all the states are different.
\n30:16
\nYou can, you can look around and see what you get.
\n30:20
\nThat\u2019s generally how you, how you get your friendly judgement lien in place.
\n30:25
\nThere always, there\u2019s always some kind of nuance or somehow expected thing that happens. You just kind of have to work through it.
\n30:31
\nIf something is rejected from the court, or it doesn\u2019t work the way you think, The court is always going to tell you what the problem is, and you\u2019ll be able to find out what the problem is.
\n30:40
\nSometimes it might be, it just usually, it\u2019s a procedural problem.
\n30:45
\nSince you didn\u2019t fill out a form properly or something like that, it\u2019s a good idea to go through it. You should go through it once, even if you don\u2019t need to.
\n30:50
\nJust to know how it\u2019s done, so that way if you ever have to in the future, during the life of this friendly judgement you have, you can always put that in place as you needed over the years. So you can watch someone come along and try to sue you and at the point where he\u2019s gonna get the judgement right about that point I would go and put my friendly judgement in, place my friendly lean in place, and I don\u2019t care Then I don\u2019t have to then spend money and time to go fight a lawsuit as you know.
\n31:15
\nCreditors, credit cards, it\u2019s not worth your time to fight those. That\u2019s why we got this together.
\n31:22
\nAll right, so, I\u2019m sure I\u2019m going to do a follow up video but, that should be sufficient right now. Go and play with this. Go search on the internet. Pull the forms down. Go to your clicker court! Don\u2019t be afraid to go into the court. It\u2019s there for you. See what the forms are. See if you can have a friend do it.
\n31:40
\nUm, so, I\u2019ll let you guys do that, and I\u2019m sure we\u2019ll probably end up doing one more video, and I might interview someone who has gone through the process, so that way you can kinda get a feel for that person\u2019s experience doing it.<\/p>\n <\/div>\r\n <\/div>\r\n\r\n \r\n<\/div>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t