Last updated September 3, 2010
Wage Garnishments
When a person’s debt becomes very great, a court may approve a creditor’s request for wage garnishment. Wage garnishment is the legal acquiring of an employee’s wages direct from his or her employer. The garnished wages are paid directly to the creditor. There are a number of different situations that may apply and cause a judgment for wage garnishing to be applied. The most common include credit card debt, child support payments, and alimony. Federal and State Laws are also in place and allow for wage garnishment. These types of cases usually involve past taxes that are due,
It is important to realize that there are laws set in place that govern wage garnishing. The Federal Wage Garnishment Law, Consumer Credit Protection Act Title III, has been established to ensure that consumer’s rights are protected. These laws set limits as to how much of a person’s paycheck may be garnished as well as how employers must handle employees whose wages have been garnished. It is much better to work with creditors before your situation gets to the point that your wages will be garnished. You’ll find that your first step should always be to work with creditors and bill collectors.
If you have tried to work with bill collectors but are faced with your wages being garnished, you may want to contact an attorney who is experienced with these cases. There is also a chance that if you file bankruptcy any wage garnishment judgments against you may be discharged. Your best bet is to make an appointment with an attorney and discuss all of your options.
The amount of wages that may be legally garnished from your paycheck is determined by how much you earn, and how much you will be left with after garnishing. It is important to speak with an attorney if you feel that you need to seek a waiver and appeal the ruling. Sometimes you may be able to win an exemption from the judgment.
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