If you are short on money, a wage garnishment can be a major problem. You may find that you are unable to pay your bills and you may find yourself in a perilous financial situation. However, there are steps you can take to stop a wage garnishment with or without bankruptcy.
The Extent to Where Your Wages Can Be Garnished
There are limits to how much your wages can be garnished. It can't be more than 25% of your net take-home pay. Also, creditors cannot garnish the amount of your income that exceeds 30 times the minimum wage. However, if you owe child support, more of your wages can be garnished to fulfill that obligation.
Don't Let Wage Garnishment Happen
Your wages will most often be garnished if you owe a debt and the creditor successfully sues you. However, if you can settle your debt before your creditor sues you, the wage garnishment can be avoided. If you are having a difficult time paying down your debts, consider signing up for a free credit counseling service. Also, a garnishment lawyer may be able to provide you with advice on how to avoid having your wages garnished. For example, you might be able to negotiate a repayment plan.
If you are sued, make sure to attend court so that you do not have a default judgment. Speak with a lawyer about the ways in which you may be able to build a case against the creditors and file an answer to buy yourself time.
If you are able to prove that you are suffering from hardship, you may be able to claim a hardship exemption. Each state has its own procedure by which you will be allowed to seek a hardship exemption. Do not wait too long because you only have a short window in which you can object. For example, in some states, you only have five days to object to your wages being garnished.
However, when you are subject to wage garnishment, you will receive paperwork that will advise you on how you will be able to object to wage garnishment. If you do not receive the paperwork, make sure to contact the clerk of the court. When you are objecting, you will want to expound upon this in detail.
Reach out to a garnishment lawyer in your area to learn more about your options and get legal help.Share