another reason I might be stuck here for life

[cornerofmadness]

I started looking at rent in other places like Milwaukee and Florida and realized something. The lawyer said the loan people don't care about cost of living. If they take 25% here I can still afford my 500$ rent. If they take it in a place like Milwaukee or Orlando where rent is closer to 1000$ for a decent place I'm done for.

whimpers.

Comments

[mjules.livejournal.com]

You might want to look at two other things -

1) Is there a salary difference? Most of the time places will take cost of living into account when deciding your salary, right?

2) If you move states, will the wage garnishment change? For example, I think I've been told that wage garnishment isn't even legal in NC. (I don't know if that's true, but...) But the percentage might be lower somewhere else...?

[cornerofmadness.livejournal.com]

1) actually usually no which is astounshing

2) yes but not much. This is FEDERAL

[ishte.livejournal.com]

I don't know if this helps you put on a more positive state of mind or not but a) we all know you don't want to live in Florida anyway, so maybe the fact taht Florida's law doesn't seem to be clear on this at all, is a sign... Wisconsin law though:

Wisconsin Wage Garnishment

Wage garnishment actions are considered separate actions under Wisconsin Statute, requiring the payment of a filing fee and issuance of the earnings garnishment notice to the employer and employee, which can be accomplished by first class mail.

Upon issuance of the earnings garnishment, the garnishment will remain in effect for a period of 13 weeks. At the end of this time period, a new garnishment action must be commenced, unless the previous garnishment was voluntarily extended.

Typically, 20% of a debtor's net earnings after withholding taxes and Social Security can be taken by a creditor. A debtor does have the right to assert various exemptions to the garnishment, including income below the Federal Poverty Guidelines, eligibility to receive foods stamps or medical assistance, or court-ordered assignments of child support that exceed 25% of the debtor's wages.

So looks like it could be a smaller amount allowed to be taken in Wisconsin than in Ohio... at that point, it really depends on the pay differential, then doesn't it? I mean, if they can offer you pay compensation for the higher cost of living that would still allow you to keep $2500 - $3000 a month even with the higher rent, you ought to be able to live decently there, right? So if they offer you $400 or $500 more a month it's not so bad... and the garnishment looks like it probably can't be as high, and certainly not any higher percentage.

Does that make you feel any better about it?

[cornerofmadness.livejournal.com]

yeah actually the lawyer's advice was to leave OH and go to a liberal state (he suggested Georgia)

the problem is for some unknown reason COLLEGES do not offer more in expensive places. I've seen colleges in NY and CA offering the pay I'm making here

[ishte.livejournal.com]

Yah, now given the cost of living in NY and CA, that is shocking really.

If it helps any more, that percentage is also based on what you pull down after federal and state taxes and fica... not sure about city taxes really. So... let me think about this a minute... workign from a base of uh... 40k because it's nice and round. 50k would be easier, but I don't think Profs ever make that, ne?

At 40k, I think the Federal rate is what... 25% so after Federal Tax

40,000 gross
6,424 Fed
3,060 Fica
2,386 Wisconsin
=============================
28,130 Net (less city taxes)
7,033 (25% garnishment)
=============================
21,097 Net after taxes (except city) and garnishment

Sucks, but it's not as bad as it could be.. or might look at first. Imagine if they took it out and then you got to pay your taxes in your original bracket too.

At least as far as Wisconsin law (and obviously I'm no lawyer) it looks like once they have the garnishment order that they can't go after your 401k... or 403b whichever you get... because they already have 25% of your earnings as it is... and unless they're allowed to continue accruing interest they could have their money in 35-40 years *rolls eyes* that's comforting.. I"m trying to shore up your positivity and I say something like that? hahaha...
but I think that once they attach your wage that they can't go after your 401k... not sure.

You could go work in Texas: (just keep your money in your mattress -- no... have your bank account in your brother's name or something like that I guess. Hahaha.. so they can't take that.)

Texas Wage Garnishment

Wages cannot be attached or garnished, except for child support.

Income that is not a wage can be garnished or ordered turned over to a receiver.

Bank accounts, rents and royalties can be garnished.

Exemptions include social security benefits.

WARNING For individuals living in Texas who are paid from an out of state location, there is case law (Baumgardner vs. Sou Pacific 177 S.W. 2d 317) to support taking a judgment from Texas, domesticating the judgment in the foreign state, then filing the wage garnishment there. Many creditors have used this strategy successfully.

How's that? ^__^ Well if that doesn't help, just look at my icon for a minute for the comfort you need. ^_^

[cornerofmadness.livejournal.com]

interesting. A LOT of jobs are in Texas (i hate TX mind you....but i have tons of friends there)

your assessment of how much I'd owe is about what the lawyer said.

I'm wondering if that applies to my loans. Lawyer said that because it's Federal the rules dont' apply

[ishte.livejournal.com]

I guess you could just move the Canada hahaha.... Nice cold weather and snow that you like... course... their 'awesome' medical care system that so many think we need here would probably kill you within a year or two. Texas ain't so bad... get someplace far enough west to be in the higher elevations, huh? Dallas smells ... or did last time I drove through there... but maybe they were having some kind of problem that day.

[cornerofmadness.livejournal.com]

Texas sucks (with all due respect to my texan friends).

faking my own death sounds great

[0-mother-0.livejournal.com]

As much as I'd love to have you live closer, I just couldn't wish such an awful thing on you. AVOID TEXAS AT ALL COST.

As the great General Sherman said, "If I owned Hell and Texas, I'd rent out Texas and live in Hell."

Smart man.

[cornerofmadness.livejournal.com]

Yes I've heard that quote. I think my dad offered it up the last time i interviewed in TX

[ishte.livejournal.com]

Funny I looked it up and Georgia has the same 25% limit. Illinois limits at 15%

[cornerofmadness.livejournal.com]

interesting. It must have changed recently or he remembered wrong.

There is a job in IL

[chaos-by-design.livejournal.com]

*hugs* I'm sorry. :(

[cornerofmadness.livejournal.com]

thanks. Could you imagine me looking at a job in Boston? I'd be living in Roxbury

[chaos-by-design.livejournal.com]

Well, not necessarily. You can drive, so you'd have the option of living outside the city and commuting, and places would probably be cheaper the farther out you went.

But I can definitely see how being stuck in OH would suck. I wish I had some sort of practical knowledge or advice to give, but unfortunately this is out of my field. :(

[cornerofmadness.livejournal.com]

don't feel bad. It IS in the lawyer's field and he was at a loss too

[chaos-by-design.livejournal.com]

Damn. I wonder if you should ask another lawyer.

[cornerofmadness.livejournal.com]

the thing is there are none that do student loans. the government has made it impossible to win. This guy is one of the few in the country who has

[ishte.livejournal.com]

Yah... I'd be kind of asking that question too. My lawyer told me (way too late for me to fire him) that he didn't know what the deal was, that my case was a real headache and he was considering giving up doing any more cases like mine. Even though he specialized in cases like mine... supposed to be the best at it in the region. I should have fired him. I don't think he even argued my case, just asked them how much they were going to offer me and then told me that was all I could get. 1/3 what the accident cost me... so... I don't know. I really don't think these guys give a rats ass about the people the represent, and I think they demonstrate it when they say that they're 'at a loss' rather than actually do the work to go to bat for you. I think you might want to quietly look around and see if there is anyone else to represent you.

[cornerofmadness.livejournal.com]

points to above. I have. he's one of a handful of lawyers to EVER win against the government. No one does student loans because you can not win

[0-mother-0.livejournal.com]

Yeah, rent and house prices in other parts of the country is one of the things that has kept us where we are. You should see what it costs in Colorado, California and Oregon...

[evil-little-dog.livejournal.com]

And Colorado, you have to have a job in hand before they'll even let you move there, or so I've read.

[cornerofmadness.livejournal.com]

Oregon is much like that too

[evil-little-dog.livejournal.com]

That doesn't surprise me. I had a friend who moved out there and she said that Oregonians were unfriendly...I dunno; she was a little standoffish herself so it could've just been her.

[cornerofmadness.livejournal.com]

i've seen bumper stickers when i was out that way that said you've seen oregon now get out

[evil-little-dog.livejournal.com]

hahahaahhaa...yeah, that sounds like what she said.

[0-mother-0.livejournal.com]

That sounds more like Canada than Colorado... But, hey, they might as well. So many rich f*ckers have 3rd houses there that the rest of us don't really stand a chance. But, property in Leadville might start going pretty cheap...:
http://www.foxnews.com/story/0,2933,330758,00.html

[cornerofmadness.livejournal.com]

yes I saw that...

[evil-little-dog.livejournal.com]

MMM, living in an avalanche zone might be as much fun as living on a flood plain.

[cornerofmadness.livejournal.com]

nods

[evil-little-dog.livejournal.com]

Of course, avalanches are a tad...quicker.

[cornerofmadness.livejournal.com]

oh i already know. That's why i don't even look at jobs in those areas

[makd.livejournal.com]

Have you discussed bankruptcy with your lawyer?

[cornerofmadness.livejournal.com]

not applicable to student loans. He is a bankrupcty lawyer