Wage Garnishment Laws: FAQ

Dealing with a wage garnishment is a stressful situation. If you find yourself faced with a garnishment due to an unpaid debt, you may have some questions about your rights in the process, both regarding what garnishment is and what garnishment exemptions may exist. Below are three common questions and answers that may be useful.

FAQ About Wage Garnishment Laws

Can my employer fire me for having a wage garnishment against me?

No – you can't face consequences at your job due to a single wage garnishment. Be aware, however, that a second garnishment against you does allow your employer to terminate you if he or she so desires. The second garnishment is considered a problem for the employer, who has to handle the paperwork and payment processing, so they are given the right to release you when multiple garnishments occur.

Can a wage garnishment take all of my income?

No. Wage garnishment is limited by federal law to 25% of your disposable earnings each work week or pay period, or to the amount by which those earnings exceeds 30 times minimum wage (whichever is less). You may face a different situation if the garnishment is due to a child support payment, in which the garnishment can take up to 50%, or a bankruptcy.

Who has the right to garnish my wages?

Anyone to whom you owe money can go through with a garnishment; the actual garnishment is done via the court system. If you have outstanding debt of any kind, whether it's a tax debt, credit card, mortgage, auto loan, bankruptcy, child support payment, or anything else, the lender is allowed to take you to court for a lack of payments. Should the court find in the lender's favor (particularly if you do not appear at the court date, or at least attempt to contact the lender beforehand to set up a payment plan), there will be a judgment filed against you, and garnishment can begin. The order is typically served on your employer by the Sheriff.

Is there any legal way to stop a garnishment from happening to me or are there garnishment exemptions?

Yes – if you are afraid your wages will be garnished for an overdue loan, you have plenty of options. The key in such a situation is communication. Do not avoid or ignore the lender. Attempt to work out a payment plan and present it to them for approval – even if you can only pay a few dollars per payment, having a plan in place can prevent defaults and court judgments. If you absolutely cannot pay the loan and the lender takes you to court, do not ignore your court date. Arriving at the hearing will at least give you a chance to explain your financial situation to the judge (bring supporting paperwork as evidence) and ideally avoid the garnishment.

Getting Help

If you are facing wage garnishment, it is a good idea to speak with an experienced attorney. Your lawyer can help you to better understand your options for avoiding the garnishment or for dealing with it once it has occurred.

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