Wage garnishment is an order from the court that is sent to your employer to withhold a portion of your paycheck and to give it directly to your creditor. Different garnishment laws will apply with certain types of debts, including the limit on the percentage of your paycheck that can be garnished. Typically, a creditor’s wages can only be garnished up to 25%, but no restrictions are placed on certain types of debts, including:
- Child support
- Student loans
- Past-due taxes
The purpose behind the limit on the amount that can be garnished is that you should have enough left to pay for your living expenses. If more than one garnishment is placed on your wages, the total amount garnished can only be 25% split between the creditors.
Solutions For Garnishment
If your wages are being garnished, it is important to take immediate legal action so that our firm can protect your rights and ability to support yourself and your family. During a free case evaluation with our Bowling Green attorney, we can discuss your options to resolve the wage garnishment.
If the garnishment is taking more than you are able to afford, you can consider filing for bankruptcy. Bankruptcy can stop debt collection attempts, including garnishment.
After filing for bankruptcy, the wage garnishment should stop. In some cases, you can even have withheld wages returned to you. At the Law Offices of Dwight Burton, PLLC, we can help you stop wage garnishment by filing for bankruptcy and having an automatic stay placed on this collection attempt.
Both Chapter 7 and Chapter 13 bankruptcies have the potential to stop debt collection proceedings from continuing. Our firm is devoted to helping clients understand their legal options and selecting the most appropriate resolution.