Can a Lawyer Help with Wage Garnishment?

Usually a step taken as a last result, wage garnishment is an effective means utilized by creditors in order to attain funds owed to them by a delinquent debtor. If the debtor cannot pay their creditor, such as the IRS or other person to whom he owes money, by ordinary means, the creditor has the legal opportunity to confiscate property or wages earned by the debtor through garnishment proceedings.

Typical Procedures of Wage Garnishment

Once a debtor becomes substantially delinquent in payment to the creditor, the creditor must obtain a civil court judgment in order to proceed in collecting the amount owed by the debtor, including any interest on the debt or any filing fees the creditor paid in order to receive the judgment ordering garnishment.

In some cases there may be a separate order installed by the court summoning the debtor to appear at "supplemental hearings" where the debtor will be ordered to provide any financial information required by the court. With this information, the court will determine whether or not the debtor has the funds to pay the creditor readily available, and if not the court can then allow the creditor to garnish the debtor's wages.

How A Wage Garnishment Attorney Can Help

Once an order for garnishment of wages has been allowed by a court, there are certain steps the creditor must take in order to legally put the garnishment into effect. Unless the debtor has experience with wage garnishment law in his or her area, it can be very easy for a creditor to bypass certain steps and obtain payment or property they aren't entitled to.

An attorney that deals directly with wage garnishment issues may be able to enter proceedings for the debtor and negotiate payment schedules, resulting in the release of the debtor's wages from garnishment. In some garnishment cases involving the IRS or State Tax Agency, an attorney may be able to negotiate cancellation of the entire debt by deeming it an uncollectible account. The debtor can typically retain a wage garnishment attorney's services without incurring any up front cost, and most have highly flexible payment plans.

When To Contact A Wage Garnishment Professional

As soon as a debtor is notified that their creditor has begun seeking payment of the debt through wage garnishment proceedings, he should immediately contact an attorney that specializes in matters of wage garnishment and/or bankruptcy. The attorney can then assure the debtor that the correct steps are being taken by both the creditor and the court, and ensure that the order of those steps are in the correct order. These steps include:

• Issuance of any statement or documentation that garnishment against the debtor has been authorized by a court
• Issuance of a description of any "exemptions" from garnishment, or items in which the creditor cannot take.
• A description of any of the steps required of the debtor by either the creditor or the issuing court to challenge the garnishment.

Getting Help

The most important thing to remember is to contact a professional in these matters as soon as possible, to ensure the debtor does not lose anything he would otherwise be entitled to. An attorney can help you protect your assets and paycheck from wage garnishment and can make sure your creditors don't trample on your rights.