Wage garnishment exemptions are possible as long as an individual protest the garnishment. When a garnishment is attached to a person’s wages, creditors can deduct money directly out of their paychecks. It doesn’t matter if the person is paid weekly, every two weeks or monthly. The employer will still deduct the money for a person’s paycheck until the debt is satisfied or paid. However, it’s possible to successfully stop a wage garnishment without filing bankruptcy.
An individual who has their wages garnished is not without resources to stop that garnishment. One way is to protest the wage garnishment. To protest the wage garnishment means a person files the necessary paperwork with their local county court to receive a hearing. At the court hearing, the individual must present their case and evidence for garnishment exemption. For instance, the person presents their monthly expenses and paycheck to prove hardship. In other words, the person’s defense is that they can’t adequately pay their bills with the money they receive after their wages are garnished.
Typically, a wage garnishment is a result of a legal process where creditors sue an individual to obtain the money owed to them. The garnishment is only an option once a judge finds in favor of the creditors. Then the creditors can request a writ of garnishment which allows them to take money from person’s paycheck. In addition, an individual’s wages can also be garnished for back taxes, unpaid student loans or child support.
As of 2010, creditors can take up 25 percent of a person’s wages. Generally, the garnishment is deducted after all the mandatory deduction such as social security, state and local taxes are subtracted. However, a wage garnishment is on a first come first serve bases. In other words, if an individual has more than one garnishment deducted from their paychecks it’s possible that the creditor will receive little to no money.
A person facing a wage garnishment and want to protest it should contact an attorney. Since wage garnishment exemptions vary by state, the attorney will explain what needs to be done to stop creditors from taking money from their wages.