Is it really necessary to get a lawyer in order to receive garnishment exemptions?

Question

Is it really necessary to get a lawyer in order to receive garnishment exemptions?

Answer

Garnishing is an accepted means for a lender to recover money due. In most states, it is common to garnish wages or salaries to recover the debt. Yet, different states have singular legislation enacted to control garnishing. It is essential you understand what laws are applicable. This may require a lawyer.

There are several different types of exemptions under the basic garnishing laws. It is to your benefit to know what they are and when they are pertinent. This will save you money and prevent unnecessary payments. This is another reason why it may be essential to hire a qualified attorney. He or she is versed in determining garnishment exemptions.

Garnishment Exemptions

States control the exact amount and type of garnishment allowable under law. This includes such things as the statute of limitations. This period may be as little as 3 years. In some states, such as South Carolina, garnishment exemptions actually include wages and salaries. In other states, while wages and salaries are not exemptions from garnishment, other forms of income do fall into this category. Among these are:

  • Social security income
  • Pensions – old age security,
  • Public benefits or assistance such as unemployment insurance, workers' compensation, veteran's benefits

The exceptions to the exemptions are traditionally such things as spousal support and child support.

Why A Lawyer?

If you want to ensure you are obtaining the greatest amount of exemptions, you need to understand the state-specific system. A qualified lawyer is your best means of determining garnishment exemptions. He or she will be able to provide you with information you will not likely find on your own.

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