Stopping Wage Garnishment in Maine

A creditor may only garnish your wages after obtaining a judgment against you. To obtain a judgment, the creditor must sue you and prove to the court that you defaulted on a debt and that you owe a certain amount of money on that debt.

To garnish your wages, the creditor must file the appropriate paperwork with the court and serve those documents on your employer. Once your employer has been served, it will begin garnishing your wages almost immediately. The wage garnishment will continue until the debt has been paid in full or you stop working for that employer.

Limitations on Garnishments in Maine

Once a creditor obtains a judgment against you, interest begins to accrue on the judgment. In Maine interest on judgments accrues at the rate of 15% if the judgment is less than $30,000. If the judgment is greater than $30,000, interest accrues at the T-Bill rate.

Most states limit the amount that may be garnished from a person's wages. Under Maine law, a wage garnishment may not exceed 25% of disposable income or up to forty times the federal minimum wage, whichever is less.

Stopping a Wage Garnishment

A garnishment can make an already bad financial situation much worse. So, it's important to know the options to stop a wage garnishment.

Arguably, the best option to stop wage garnishment is bankruptcy. When a bankruptcy case is filed, the automatic stay immediately becomes effective. The automatic stay prevents creditors from pursuing collection efforts against a debtor, including wage garnishment. In order to resume garnishing the debtor's wages, the creditor must obtain a court order.

Another option to stop wage garnishment is to negotiate a debt settlement repayment plan with the creditor. In most instances, the creditor will give a debtor at least six months to repay the debt. The actual length of the repayment plan will depend on the debtor's income and the amount of the judgment.

Getting Legal Help

If you have received a Notice of Garnishment, you should consult with a qualified Maine debt settlement attorney. A debt settlement attorney will review your case and advise you of your legal options.

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