Wage Garnishment Attorney in the US

Wage Garnishment

How To Stop Wage Garnishment in Your State

You can quickly and legally stop creditors from garnishing your earnings by filing for bankruptcy. As soon as you file a petition for Chapter 7 or Chapter 13 bankruptcy, the court will order your creditors to immediately stop all collection activities. Not only does this mean lenders must STOP GARNISHING YOUR WAGES, but they won’t even be allowed to contact you.

People often rule out bankruptcy as a debt relief solution because they think they will have to give up everything they own. But the truth is that DebtStoppers clients rarely lose a single thing! Filing for bankruptcy empowers you to wipe out your debts, protect your paycheck, and keep your home.

Definition

Wage garnishment is a legal process that allows your creditors to obtain a court order to directly receive a portion of each paycheck. The order requires your employer to withhold a specified amount of your earnings each month.

What Percentage of Wages Can Be Garnished?

Under federal law, your creditors can garnish the lower of:

25% of your disposable income
The portion of your weekly earnings that exceeds 30 times the minimum wage

Some state laws allow you to keep more of your money by setting a lower limit for what percentage of your income can be garnished.

What Happens After a Wage Garnishment Is Paid?

Once a creditor has secured the right to garnish your paycheck, they can deduct money from your paycheck until the debt is paid in full. After the balance is completely paid off, your creditor should instruct your employer to stop the garnishment.

How To Check Your Balance?

If you’re wondering how much longer your earnings can be garnished, you can calculate your remaining balance in any of the following ways:

Review the writ of garnishment and subtract the amount you’ve paid so far from the total amount owed.
If you don’t have a copy of the writ, you can request a new document from the court clerk or your employer.
Some states require lenders to provide you with a periodic reporting of the amount garnished.
If your state does not require reporting, you can petition the court for an accounting.
Ask your creditor about the remaining balance.

Which Creditors Can Garnish Wages?

Although most creditors can garnish your check, some must file a lawsuit and receive a judgment and court order before they can garnish your wages. A creditor for the following types of debt can garnish your wages without a court order:

Government student loan payments
Unpaid child support and alimony
Back taxes

The Reasons for That

Your wages can be garnished for student loans, domestic support payments, and back taxes without a court order because the debt is owed to government agencies that can issue their own garnishment orders.

If your creditors are garnishing your paycheck or threatening to start, call or text DebtStoppers today to schedule your free consultation with one of our practiced bankruptcy lawyers. We can help you avoid wage garnishments and stop struggling under the weight of your debts.

DebtStoppers is proud to be one of the few law firms in the U.S. that offers $0-upfront Chapter 7 representation. Call or text us to set up a free consultation with an experienced bankruptcy lawyer near you.

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Stop Wage Garnishment By State