Before a creditor garnishes your wages, you may or may not receive advance notice. Perhaps you have been receiving letters and phone calls demanding payment. Perhaps your creditor has turned your account over to a collection agency. Perhaps you have received legal documents in the mail that indicate that a lawsuit has been filed aimed at collecting on your debt.
Wagner & Wagner Attorneys at Law has been home to Chattanooga’s trusted bankruptcy lawyers since 1945. We help our clients find relief from debts, and fight to protect them under the laws of the land. If aggressive creditors have started taking money directly from your paychecks, we can help.
Once the creditor has obtained a judgment against you, that creditor has the right and ability to seize your assets, including by way of your paycheck. Wage garnishment is one of the ways that a creditor can recover assets from a reneging debtor. For many people, the loss of even one paycheck spells financial disaster. For this reason, we hope you have arrived at this web page
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Ideally, you will discuss your financial troubles with a bankruptcy lawyer well in advance of the jolting experience of discovering that your wages have been garnished. Most people with cash flow problems experience serious disruption to their lives when wage garnishment occurs. If your wages have been garnished, you now face a legal and financial crisis and you should definitely talk to a debt relief attorney as soon as possible. Do not worry yet about “how you will pay for bankruptcy.” Maybe you are unsure whether bankruptcy is the right answer in your case — talk to a bankruptcy attorney anyway! Get the information and encouragement that you need now to prevent further garnishment of your wages.
When you are living paycheck to paycheck – and even when you are not – losing any amount of wages can do serious harm to your family. At Wagner & Wagner Attorneys at Law, we help people who are ready to help themselves. Please call 423-756-7923 or contact our Chattanooga bankruptcy attorneys, and put a stop to wage garnishment. Attorneys at our law firm offer free initial consultations. We proudly serve clients in North Georgia, Cleveland, TN, and the surrounding areas.If your employer received an order from a government entity or a court for a garnishment to withhold part of your earnings to be paid directly to the creditor, you may be struggling not only with a reduced paycheck but also with embarrassment. Furthermore, employers dislike the extra work required to pay the garnishment, which creates additional stress for you on the job. If you are in need of an experienced Stopping Wage Garnishment Attorney Little Rock, AR, contact Dilks Law Firm.
In Arkansas, state wage garnishment law is essentially the same as the federal law governing wage garnishment. A wage garnishment should not leave you unable to live, so there are limits to how much can be taken from your pay. In general, garnishments can’t exceed 25 percent of your disposable (after deductions) wages. Arkansas offers additional protection for certain categories of workers, however. Also, under Arkansas law, the total amount of the garnishment cannot exceed thirty times the current minimum wage.
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Child support garnishments can take a much higher percentage of your pay, as much as 60 percent in some cases with an additional 5 percent if you are more than 12 weeks in arrears. Student loan garnishments are limited to 15 percent of disposable income. Tax garnishments vary and have their own guidelines reflecting your number of dependents.
A creditor, other than a government agency, has to first obtain a court judgment before garnishing wages, so they must sue you for the amount of the debt and win. However, the government can garnish wages for unpaid income taxes, defaulted student loans, and court-ordered child support payments without a court order.
A creditor can also garnish your bank account, and there is no limit to the number of funds they can take, up to the amount you owe. While Social Security benefits cannot be garnished directly, if you deposit your Social Security check into a bank account where it is mixed together with other funds, you can lose it all to a garnishment.
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If you qualify for a Chapter 13 or chapter 7 bankruptcy in Little Rock, AR, all judgment creditor garnishments will stop immediately and permanently. If you are being garnished by student loan, child support or tax collectors those withholdings will stop if you file a chapter 13 case. In a chapter 13 bankruptcy reorganization you are allowed up to 60 months to repay those debts without interest or late penalties being added. Essentially, you turn the tables and the law is on your side to allow you to repay the debt in amounts that you can afford.
At Little Rock’s Dilks Law Firm, you can take advantage of a free wage garnishment consultation to learn what options might be available to you. We will review your total financial situation, focusing on your debt to income ratio, to determine what relief might be available. If you qualify, we will discuss the pros and cons of filing a bankruptcy to end the garnishment and all other collection efforts on the part of creditors.
Our law practice is limited exclusively to matters pertaining to indebtedness and debt relief. By maintaining a narrow focus, we are much better equipped to handle this type of case than a lawyer who does this type of legal work only occasionally.Wage garnishment is a legal procedure. Pursuant to a court order, your employer will withhold a part of your earnings (up to 25%) and send it to the sheriff to pay back your creditor. This subject is not something that you wish to talk about to your friends. However, it is something that you must discuss with a wage garnishment lawyer.
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Your wage will be garnished if you have student loans, back taxes, unpaid judgments for credit cards, or child support debt. However, there are limits to wage garnishment if you know your rights.
You have the right to protest a wage garnishment. To do this, you have to file papers with the court. Doing it on your own can be very difficult. Instead, you must hire a lawyer to help you file the right paper and ensure that your situation is resolved accurately.
Before your employer can garnish your wages, your employer must first receive a court order from the local sheriff. Your employer will start withholding a portion of your wages and that portion is sent to your creditor. You are also given information on ways to protest the order.
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Your employer, however, can easily garnish your wage without a court order if the debt is for back tax, child support or student loan. However, if you stopped paying your credit card bills, your creditor can’t just begin garnishing your paycheck.
Before garnishing your wages, your creditors must sue you first and win the case. If they lose, they can’t garnish your wages. If they win, though, they must still get a court order before your employer can start garnishing your earnings.
But there are limits on how much creditors can get from your paycheck. The amount will not reach more than 25% of your disposable earnings unless you owe back taxes, in which case tax authorities can garnish up to 75% of your wages.
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Your employer can’t fire you because of wage garnishment. However, if you are facing more than one garnishment, and your income is not enough to pay multiple creditors, you may file for exemption to stop the garnishment.
The federal law will not protect you from retaliation if more than one creditor will garnish your wages. That’s why it is vital that you protest the court order by filing the right papers with the court to ensure that you are getting a court hearing date.
During the hearing, you need to show the court evidence that your creditors can’t take part of your wages, otherwise it will create a hardship for you to pay for your daily living expenses.
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If you can properly present the proof, the judge can stop wage garnishment. On the other hand, if the court can’t see any evidence to stop the garnishment, then it will leave it in place.
Wage garnishment, however, can take a huge part of your wages. Your employer will pay you a low minimum per week while giving the rest of your earnings to the IRS. That’s why you must talk to a lawyer to stop wage garnishment.
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