How Does Wage Garnishment Work?

Wage garnishment can be a scary and overwhelming experience for anyone. It’s a legal process in which a portion of your wages are withheld by your employer to pay off a debt owed to a creditor. If you’re facing wage garnishment, it’s important to understand how it works and what your options are to stop it. In this blog post, we’ll break down the process of wage garnishment and provide practical tips to help you navigate this challenging situation.

What is Wage Garnishment?

Wage garnishment is a legal process in which a creditor obtains a court order to require your employer to withhold a portion of your wages to pay off a debt. The creditor can garnish up to 25% of your disposable income, which is the amount of your income left after taxes and other deductions. Wage garnishment can continue until the debt is paid off or until a court orders it to stop.

How Does Wage Garnishment Work?

Wage garnishment typically starts with a creditor filing a lawsuit against you for an unpaid debt. If the creditor wins the lawsuit, they can obtain a court order to garnish your wages. The court will then send a notice to your employer, who is required by law to withhold a portion of your wages and send it directly to the creditor. The amount of money garnished from your paycheck will depend on the court order and the amount of debt you owe.

What Are Your Options?

If you’re facing wage garnishment, there are several options available to you. You can negotiate with your creditor to set up a payment plan or settle the debt for a lower amount. You can also file for bankruptcy, which can stop wage garnishment and provide a fresh start for your finances. It’s important to consult with a bankruptcy attorney to determine if bankruptcy is the right option for you.

How Can You Stop Wage Garnishment?

To stop wage garnishment, you can file a claim of exemption with the court. This is a legal document that explains why you need the money that’s being garnished and asks the court to reduce or stop the garnishment. You can also negotiate with your creditor to settle the debt or set up a payment plan. If you’re considering bankruptcy, it’s important to act quickly to stop wage garnishment and protect your assets.

Speak with an Attorney

Wage garnishment can be a stressful and overwhelming experience, but it’s important to remember that you have options. If you’re facing wage garnishment, don’t hesitate to reach out to the Licata Bankruptcy Firm for help. Our experienced bankruptcy attorneys can provide guidance and support to help you get back on track.