Wage Garnishment is a method of debt collection that occurs when a creditor takes legal action to garnish part of your wages until the amount owed is paid in full or until you take legal action to stop the garnishment.
Wage garnishment occurs when your employer withholds part of your wages to pay debts owed to creditors. In order for your wages to be garnished, your creditor must first sue you for the outstanding debt. If the creditor obtains a favorable judgment against you, then you can ask the court to issue a garnishment order. However, some types of debts do not require a court order, such as unpaid taxes, some student debts, or overdue child support payments.
Fortunately, you have many legal options to prevent or stop wage garnishments from occurring. Call (954) 922-2283 to schedule a free consultation with our wage garnishment lawyers.
If you’re being threatened with wage garnishment or are already having your wages garnished, contact our lawyers for assistance. The consultation is completely free.
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At the time you file for bankruptcy, you will receive an automatic stay, which will end the garnishment of your wages and freeze most collection actions, including calls and letters.
The bankruptcy lawyers at Stiberman Law offer counseling on how you can stop some creditors from garnishing your wages.
One of our experienced attorneys will be happy to explain to you your options.
Frequently Asked Questions
Wage Garnishment is a common method of debt collection. It occurs when a court order requires your employer to withhold part of your wages until your debt is paid in full or until you take legal action to stop the garnishment.
Generally, once garnishment has begun, wage garnishment continues until the debt is paid in full. However, in some circumstances, the garnishment can be stopped, or at least reduced.
There are limits on the amount a creditor can garnish your wages. In addition, certain types of income are exempt from garnishment, but there are also exceptions to these limits. In addition, a Chapter 7 or Chapter 13 bankruptcy filing provides an "automatic stay" to stop attempts to collect a debt, including wage garnishment.
In a wage garnishment situation, it is advisable to contact an attorney to advise you of your options.
It is not necessary, but it is recommended. Time is of the essence in responding to or stopping a garnishment. A lawyer will put all his experience and knowledge at your disposal, which will save you a lot of time and money.
In principle, no. The wage garnishment provisions of the Consumer Credit Protection Act (CCPA) protect employees from being terminated by their employers because their wages have been garnished for a single debt, regardless of the number of garnishments made or proceedings initiated to collect it. However, this protection for employees is diminished when their income has been subject to garnishment for a second or subsequent debt.
No. The Consumer Credit Protection Act (CCPA) limit the amount of income that can be garnished in a week.
Why Choose Stiberman Law?
Our experienced debt collection relief attorneys can put an end to actions by your creditors to get at your hard-earned money.
At Stiberman Law Firm, our work focuses on bankruptcy and debt solutions, so we know exactly what legal protection you can be granted under Chapter 7 bankruptcy or Chapter 13 bankruptcy.
With over 20 years of experience with bankruptcy law, we have filed thousands of bankruptcies and helped many people get a fresh start, regardless of their financial situation and the size of their debts.
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