Garnishment law allows a creditor to take some of your wages. According to CNN, about 7.2% of Americans have garnished wages under the law. Of course, if this happens to you, you likely have many questions. Here are five of the most frequently asked questions about these laws and how to navigate them.
1. How Much Can Be Garnished from My Pay?
The amount of money that can be taken from your wages varies. Some factors that will affect how much money is taken are the amount that is owed, who it is owed to, and the local rules and laws that govern your jurisdiction. Federal laws limit the amount to 25% of your disposable income. However, in most cases, the amount is about 15% of your weekly income.
2. Who Can Garnish My Pay?
The creditors that can enact the power of garnishment law vary by state and locality. In some cases, a lender can garnish your wages; in other cases, only federal or state agencies can garnish your wages. However, in all cases, if a creditor wants to garnish your wages, they first must get a court order to do so. They will have to initiate a court case and get a judgment against you for the amount they say you owe.
3. Does My Employer Have to Comply with a Garnishment?
The simple answer is yes; your employer must comply with a garnishment order. The problem is out of their hands, and they can’t refuse the order. Explaining the situation to your employer will not stop the garnishment order.
4. Can I Fight a Garnishment?
You can fight a garnishment, but you may need the help of an attorney to do so, especially if there was a judgment and a court order. The best way to manage the threat of garnishment is not to ignore communications and try to come to a repayment agreement.
5. Can I Change the Amount of the Garnishment?
In some cases, if you can prove hardship to the court, you may be able to change the amount of money coming out of your pay. You may need an attorney to represent you and file the necessary documents.
A garnishment can have lasting repercussions. If you are facing the garnishment threat and want to know more about the law, speak to our attorney. Call us today to learn more.