Are there certain states that have their own exemptions? Is a lawyer more beneficial in these states?

Creditors garnish wages as a method of debt collection. It is a legal collection procedure requiring a judicial order that results in the withholding of a person's earnings by an employer and the deduction is then remitted to the creditor. There are federal and state wage garnishment laws and the one that is most lenient will usually prevail.

Federal and State Laws Garnishment Laws

The federal garnishment laws were created by the Federal Wage Garnishment Law Consumer Credit Protection Act's Title 3 (CCPA). This law sets the limit on the amount of earnings that may be garnished. The law establishes exemptions including the larger amount of 75% of disposable earnings paid each week or an amount that is equal to 30 times the federal minimum hourly wage. There are also laws that restrict the garnishment allowed for child support and alimony.

Many states also have garnishment laws. Some are stricter while others are more lenient. For example, Massachusetts protects income used to pay for life insurance and disability from garnishment. When determining garnishment exemptions, if a state wage garnishment amount is smaller than the federal wage garnishment amount, the state laws apply.

Consult an Attorney

The garnishment laws are complex and for that reason alone you should consult an attorney concerning a wage garnishment. But sometimes it is possible to challenge the garnishment or the underlying debt. An attorney may also be able to negotiate a smaller wage garnishment. So even if your state follows the federal law, an experienced attorney may be able to lower the amount of the garnishment.