A creditor attempting to collect on a debt you owe can sue you and seek a legal remedy, an order for wage garnishment. A debt can include child support payments, credit card debt and taxes. After receiving an order for wage garnishment, the creditor notifies your employer. Depending on the type of debt, your employer withholds a percentage of your income from your paycheck to pay your creditor. In Oklahoma, the lesser amount of either 25 percent of a debtor’s disposable income or the amount a debtor’s income exceeds 30 times the minimum wage is eligible for wage garnishment. However, if your debt is a child support or tax debt, a creditor can garnish a larger percentage of your income.
There are several ways to stop wage garnishment. In Oklahoma, the statute of limitations for a creditor to file an action to recover the debt is five years for a written contract, five years for a domestic judgment and three years for a foreign judgment. Therefore, if a creditor files an action against you after the expiration of the relevant statute of limitations, the creditor will not be able to garnish your wages. In addition, filing a bankruptcy petition will stop wage garnishment. If your wages have not been garnished before the filing of your bankruptcy petition, then filing for bankruptcy will prevent the garnishment. If the wage garnishment has already started at the time of your bankruptcy filing, then the wage garnishment will stop after you file your bankruptcy petition. However, the automatic stay in bankruptcy will not stop wage garnishment for child support or domestic support debts.
If your wages are being garnished, contact an experienced attorney in Oklahoma as soon as possible. An attorney can help stop the garnishment of your wages.