What To Do When Facing A Wage Garnishment In Different Situations

Having money taken from your wages can have a severe impact on your life. If you are facing wage garnishment, what you do about it depends on why your wages are being garnished.

Situation #1: The Debt Isn't Yours

If you are facing wage garnishment for a debt that isn't your debt or for a debt that you already paid, you will want to contact an attorney. It can be very complicated to prove that you don't owe a debt once a garnishment has already been granted against you.

You will need to gather ample evidence that shows without a doubt that you don't owe the debt. An attorney can help ensure that you have the right evidence and that you meet the procedural requirements to get the garnishment removed.

Situation #2: The Garnishment Amount Is Too Much

With a garnishment, the person you owe money to cannot take whatever they want from your paycheck. Instead, they can only take out a specific amount per paycheck. From a federal perspective, no more than 25% of your wages can be taken due to a garnishment, and some states have rules with even lower limits.

A garnishment should never take all your money from your paycheck; you should still have money left to take care of your own needs. An attorney will help you challenge the garnishment and ensure that excess money isn't being taken out of your paycheck.

Situation #3: Your Job Is in Jeopardy

Not all companies are okay with their employees having their wages garnished. If your employer is threatening to fire you because of the garnishment, you need to contact an attorney right away.

An employer can't use wage garnishment as the sole reason for firing you; a wage garnishment lawyer can help make sure your employer understands that.

Situation #4: You're Currently in Bankruptcy

If you are undergoing bankruptcy and someone starts to garnish your wages, they shouldn't be. Generally, if you are going through bankruptcy, all creditors must go through the court system to settle debts, and they can't just take money from your paycheck. An attorney can stop wage garnishment during the bankruptcy process.

If you are not sure why your wages are being garnished, or if you think the amount they are taking is inaccurate, you will want to contact a wage garnishment lawyer at a law firm like Havner Law Firm. A wage garnishment lawyer can help review your garnishment and help determine if you have any legal recourse against the wage garnishment.