Waste no time if your creditors are after your wages. Wage garnishment can cause major problems and lead you to financial trouble. Fortunately, there are legal ways to stop wage garnishment.
The law defines wage garnishment as "a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt such as child support".
Title III of the Consumer Credit Protection Act (CCPA) covers the topic. It prohibits employers from discharging a worker whose income has been subject to wage garnishment for any type of debt.
In simple words, wage garnishment refers to a situation where your employer retains a portion of your paycheck and sends the amount to a person or creditor to whom you owe money.
It includes a variety of incomes such as wages, bonuses, salaries, pensions, and commissions. However, tips are excluded.
Robert A. Stiberman. Attorney with over 20 years of experience in bankruptcy law.
Stopping Wage Garnishment
There are several ways to stop wage garnishment including filing for bankruptcy, debt counseling, and filing a dispute.
The right option depends on factors such as your income, the type of debt, and the method used by the creditor to receive payments.
Discuss the situation with an experienced attorney to find the right solution.
Work with a wage garnishment lawyer in West Palm Beach who understands how to stop garnishment and ensure you don’t lose your income.
Stiberman Law has been in the business for over 22 years. We have worked with all kinds of clients and can offer you ease.
Get in touch with us today to book a free consultation and know more about how we can help you. Call (954) 922-2283 to book an appointment.
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Schedule a free consultation by filling out the form below or Call us (954) 922-2283
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We’re a West Palm Beach Wage Garnishment law firm serving Coral Gables and the surrounding areas.
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Our lawyers can help you decide if opposing the seizure is the right course of action for you. Schedule a Free Consultation.
How Does a Wage Garnishment Work?
It happens when a creditor chooses to sue you due to nonpayment and wins the case. However, in some cases, a creditor may have the option to force wage garnishment without going to court. This usually applies when you owe back taxes, a balance on your student loans, or child support.
In case a credit goes to move court, the court will send a notice to you and your employer. The garnishment process will start in 10 to 30 days, based on factors such as your location and creditor.
Your employer will continue to deduct a percentage of your pay until the debt is paid or until there’s an intervention.
How Much Amount Can be Garnished
There are limits on how much or what portion of one's income an employer can retain. The amount depends on factors such as the type of debt. Here's a breakdown:
Medical bills: Straight 25 percent of your income or the amount by which your weekly wage exceeds 30x the minimum wage, whichever option is lower.
Credit card: Same as above.
Personal loans and other types of consumer debts: Same as above.
Alimony and child support: Up to 60 percent if you do not support a spouse or another child, otherwise 50 percent.
Student loans: Straight 15 percent.
Taxes: Usually 15 percent; however, the IRS may reduce it in some cases.
Remember that garnishment laws differ from state to state and your creditor may choose to receive a smaller portion of the income than what we have explained above.
You might be able to protect or exempt your wages from garnishment by filing for bankruptcy.
Frequently Asked Questions
Here are some of the most commonly asked questions about wage garnishment:
Yes, the process is fully legal.
Yes, bankruptcy is a reliable way to prevent creditors from garnishing your wages.
Get Immediate Legal Help
Schedule a free consultation by filling out the form below or Call us (954) 922-2283
Business Hours
Mon-Fri 8:00 am to 8:00 pm
Saturday 9:00 am to 6:00 pm
Choose Stiberman Law
We understand how difficult it can be to deal with threatening creditors. We’re here to help. Call (954) 922-2283 to know more.
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