Garnished Wages Without Notification? Here’s What to Do Next

Money troubles are one of the biggest causes of stress, and when your disposable income is garnished without warning, it is natural to panic. However, you do not need to as long as you know your rights and what to do next. Attorney Robert Stiberman will discuss your hot topics, such as garnished wages without notification and how you can fight back.

The wage garnishment attorneys at The Stiberman Law Firm article will help you understand all of this so you can plan your next move.

Your wages can be garnished if you owe child support, alimony, student loans, or back taxes, or a court judgment has been entered against you.

There are certain circumstances in which your wages may be garnished, but even when this does happen, you have rights, including a cap on how much can be garnished at once. It is essential you are aware of these, so let’s look through them one at a time.

What Are Your Rights In A Wage Garnishment?

Wage Garnishments For Court Judgments

If you cannot make a loan payment, settle a credit card bill, or pay a medical bill, nobody will be able to start garnishing your wages immediately. They will first need to go through the courts, but if you lose the lawsuit, the judgment will be given to the local sheriff, who will then let your employer know, and your wages will be garnished.

However, this cannot be more than 25% of your disposable income per week or the amount higher than 30 times the federal minimum hourly wage of your disposable income, whichever is less. See Chapter 77, Florida 2022 Garnishment Statues.

You may be able to apply for an exemption if the garnishment prevents you from meeting other costs, but if you want to appeal, you must apply to the courts for a hearing date. You cannot be fired from your job because of a single-wage garnishment.

Wage Garnishments For Child Support And Alimony

There are legally required deductions for child support, which have been in place since 1988, and these will be automatic, but not if only alimony is involved. If child support and alimony are combined, then there will be automatic deductions, which will be the full amount owed. If a court orders you to pay child support, this order will be sent to your employer, who will pay the other parent out of your wages.

Under federal law, up to 50% of your disposable earnings can be taken to pay child support if you are currently supporting a spouse or another child who is not subject to the order. This rises to 60% if you have no other dependents. An additional 5% can be taken if you are more than 12 weeks in arrears, but again you cannot be fired from your job due to a judgment such as this.

Wage Garnishments For Federal Student Loans

No court order is required for this type of wage garnishment process. The agency trying to collect the loan, or the US Department of Education themselves, can take up to 15% of your disposable income to recoup what they are owed, but Florida law requires them to inform you in writing at least 30 days before the process begins how much you owe, how to enter a voluntary agreement, how to request a court hearing and how to get hold of the records relating to the loan.

Wage Garnishments For Back Taxes

The most serious consumer debt when it comes to wage garnishment is if you owe money to the IRS. They are able to start garnishing your wages without a court order, and this can be a substantial portion of your paycheck.

You will be able to request an exemption claim form from your employer, which should come automatically with a wage levy notice that the IRS will have to provide. It is strongly advisable not to get behind with your taxes if it can be avoided.

Who Can Garnish Your Wages?

So ordinarily, only judgment creditors can garnish your wages, but not always.

Judgment Creditors

Unless you already have a judgment against you, if you have outstanding credit card debts or owe money to a doctor or any credit company, they will not be able to start garnishing your wages unless they successfully sue you first. Most creditors cannot garnish your wages without a court judgment.

Creditors That Can Garnish Your Wages Without A Court Judgment

So remember, only agencies connected to student loans, child support or the IRS can start garnishing your wages without a court order. However, even then, they will need to give you notice of this and provide you with the possibility of applying for an exemption.

How Do I Find Out Who Is Garnishing My Wages?

Your first port of call if a wage garnishment against you begins is to contact your employer, who should provide you with all the details. However, if they refuse, you should contact an attorney dealing with this kind of case. They will be able to research the garnishment order and let you know where it comes from and what you can do to stop it or at least minimize the impact.

What Wage Garnishment Laws Protect Me?

Title III of the Consumer Credit Protection Act (CCPA) does protect some, but not all, of your weekly disposable income from garnishment from your employer.

To understand how this can protect you, the most important things to know are:

• During any pay period, the amount that can be garnished is limited to either 25% of your disposable income or 30 times the federal minimum wage, whichever is less. The federal minimum wage is currently £7.25 an hour, so 30 times that would be $217.50.
• It is important to note that these limits do not apply in certain bankruptcy cases when the garnishment is due to child support or when it relates to taxes. The garnishment amount can vary in these cases, but they will still have to make you aware of the process, and you will have a chance to challenge the claim.

What To Do When You Get A Garnishment Judgment

If you receive a garnishment judgment against you, first of all take a deep breath, make a coffee or beverage of your choice, and sit down to thoroughly read all the information in as calm a state of mind as possible. Is all of the information correct? Have you already paid back more than it says you have?

Figure out how much you owe, how much will be garnished, and what impact this will have on you financially. You may wish to contact a local legal aid or consumer law attorney to work out the best way forward, but you have several options.

Work Out A Different Deal

When a creditor sues they are looking to get the money back that they are owed. With this in mind, they will appreciate any attempt from you to discuss it with them to pay them back, even if it is at a slower rate than they would ideally like. Figure out your living expenses and any other outgoings you may have and propose a realistic repayment plan. If you can maintain an amicable relationship with the creditors, it will be a massive help to you in the future.

Challenge The Judgment

You can challenge a judgment if you feel it has been made in error, will cause undue harm to you, or has been gone about improperly, but this option usually has a small time frame in which you can put it into action so make sure you decide quickly whether this is a possibility for you and get in touch with the courts as soon as you can if so.

Accept The Garnishment

If you can pay the garnishment in full, either through savings you may have or through a loan from a family member, then this may be less stressful in the long run. However, you can still pay in installments if this is what will be possible for you.

You will likely not look forward to informing your employer about a wage garnishment order against you, but it is best to be upfront about it from the start as it will be better coming from you than from elsewhere. They are not legally entitled to fire you because of the wage garnishment, so it is better to explain how it happened and how you are taking steps to ensure it will not become a long-term problem.

How Can You Stop Wage Garnishment?

Depending on your circumstances, there are a few ways to stop wage garnishment. Here are some possible options:

• Bankruptcy filing: Filing for bankruptcy can put an immediate stop to wage garnishment and other collection actions by creditors. This option should be thoroughly considered and discussed with a legal professional.
• Negotiating a payment plan: As mentioned earlier, reaching out to your creditor and proposing a reasonable repayment plan may help stop or reduce the amount of wage garnishment.
• Challenging the judgment: If you believe the judgment was made in error or is causing undue harm, you can challenge it in court within a limited time frame.
• Paying off the debt in full: If you have enough savings or receive help from family members, paying off the debt in full can stop the wage garnishment.
• Seeking legal aid: Consulting with a consumer law attorney can help you understand your rights and options in dealing with wage garnishment. They may also be able to negotiate on your behalf or challenge the judgment if necessary.

If Your Wages Are Being Garnished, Get Help From A Lawyer Immediately

A local attorney will be able to help you through the garnishment process so ensure you get in contact as soon as you can. They will be able to explain your rights, help you find a solution, and ensure that the creditors do everything fairly and legally. You do not have to go through this alone.

Contact the Stiberman Law firm today for a free consultation regarding your wage garnishment, and let us help you keep your hard-earned wages. Our team is experienced in handling cases involving wage garnishment orders and can assist you with navigating the process.

Garnished Wages Without Notification