Court orders Brawley's wages garnished to pay restitution

[happyslug]

8. She is working as an LPN and he expects her to pay???

http://bossip.com/701229/blast-from-the-past-hate-crime-rape-fake-tawana-brawley-still-hiding-her-shady-past-has-yet-to-pay-dime-of-430k-she-owes-for-lying-on-prosecutor/

Lets review FEDERAL Withholding law,
1. The Attachment can NOT be more then 25% of Wages AND
2. The Defendant must be left with at least 30 times the weekly minimum wage per week i.e. $7.15x 30 or $214,50 per week.

Furthermore if she owes taxes or child support, those are superior claims over a debt like this one.

In 46 states of the Union prohibits any attachment of wages for this type of debt. North Carolina, South Carolina, Pennsylvania and Texas are the four states that do NOT permit attachment of wages for this type of debt.

http://en.wikipedia.org/wiki/Garnishment

Pennsylvania's ban goes back to at least the 1880s and the "Long Depression" (but was ignored by many employers as to employees debt to them, till the Great Depression of the 1930s).

In this case the real issue is reasonableness, but it does not look like the ex-prosecutor is willing to leave bygones be bygones so it looks like it will end up in Bankruptcy Court.

Now, if you are involved in a Criminal activity, and subsequently ordered to pay back for the damage you did, such an debt is NOT disagreeable in bankruptcy. If you are in an accident while drinking (DUI) any loss you cause is NOT disagreeable to bankruptcy.

On the other hand most other debts are (Student loans, taxes are not discharge in Bankruptcy but that is anther subject), including being liable and causing someone else financial loss. Since is living with one child, if she is earning less the $22,695 (150% of the poverty level for a family of two) she does not even has to pay the $299 filing fee for bankruptcy (One of the good parts of the 2005 Bankruptcy Reform act).