• Sat. Jun 22nd, 2024

Attorneys for Garnishments: Skilled Legal Defense to Preserve Your Income

Byzestful Grace

Jun 5, 2024

Court orders known as garnishments compel a third party, such a bank or an employer, to distribute or withhold a certain amount from a debtor’s assets or wages. Creditors may use this court procedure to collect unpaid debts; borrowers may find it distressing. As experts in garnishments, we understand how crucial it is to handle this process with competent advice and representation.

Our legal team is committed to giving garnishment victims complete help and making sure their rights are always respected. With our extensive knowledge in garnishment cases, we are committed to helping our clients get the best outcomes. We employ tried-and-true legal and negotiating strategies to reduce or end the garnishment entirely. If necessary, we also help with the design of a repayment schedule or the prompt settlement of debt with creditors.

Apart from safeguarding our customers’ interests and offering legal support, we also provide essential information and direction to enable them to comprehend their responsibilities and rights during the garnishment procedure. This includes informing clients of their legal options, like making a payment plan, filing for bankruptcy, or contesting the garnishment order. By offering our clients professional legal guidance, we want to provide them the assurance and knowledge they need to handle garnishment difficulties and regain control over their paychecks. Learn more about lawyers for garnishments

Knowledge of Wage Garnishment

Types of Garnishments and Their Causes

Legal wage garnishment allows a creditor to legally remove money from a debtor’s paycheck in order to recover overdue debt. Garnishment can be used for a variety of debts, including but not limited to:

  • Unpaid medical bills
  • Overdue credit card balances
  • Defaulted loans
  • Student loans
  • Child support payments

Remember that garnishing wages requires a court order, which means that the creditor must first secure a judgment against the debtor through a legal procedure.

Limitations and Exemptions

To ensure that people may continue to live comfortably, the amount that can be withheld from an employee’s paycheck is limited by both federal and state regulations. Under federal law, the maximum sum that can be garnished is the smaller of the two amounts displayed below:

  1. 25% of disposable income—the portion of your earnings remaining after mandatory deductions such as taxes and social security.
  2. The amount by which your weekly income exceeds 30 times the federal minimum wage.

State-specific garnishment laws, however, can offer the debtor even more security. Additionally, some income sources—like Social Security, workers’ compensation, and retirement benefits—might not be subject to garnishment.

The Legal Process of Garnishment

To initiate wage garnishment, creditors must follow a specific set of steps:

  1. Acquire a judgment: The first stage is the creditor filing a lawsuit against the debtor in order to collect the outstanding debt and acquire a judgment—a written declaration of the debt amount—from the court.
  2. Submit a judicial garnishment order: The creditor must ask the court to issue a garnishment order once they receive a judgment; this order serves as the garnishment’s legal foundation.
  3. The employer of the debtor is legally required to withhold a part of the debtor’s pay in order to comply with the garnishment order after the creditor serves it to them.
  4. Wage withholding and remittance: Until the debtor’s debt is paid off, the employer will keep withholding earnings in accordance with the garnishment order and remitting the funds to the creditor.

During the garnishment process, debtors have a number of choices, such as challenging the order or filing for an exemption. Comprehending state and federal regulations is vital for proficiently handling the intricacies of wage garnishment.

Overcoming Garnishments with Legal Support

Dispute a Garnishment

We understand that handling wage garnishments can be challenging and intricate. In order to contest a garnishment, our lawyers can help you in several ways. We can first ascertain the legality of the garnishment order. A garnishment may be refused under specific circumstances, such as where the debtor was not given sufficient notice of the court order.

We can file a request to have a valid garnishment order modified or dismissed if it is creating undue hardship. Furthermore, since most garnishments are prohibited by the bankruptcy’s automatic stay clause, relief could be possible:

  • Chapter 7 Bankruptcy: Provides debt relief by liquidating non-exempt assets.
  • Chapter 13 Bankruptcy: Allows debtors to repay debts over time through a structured repayment plan.

The Role of a Garnishment Lawyer

A garnishment lawyer plays a crucial role in the process. The attorney’s responsibilities include:

  1. providing legal counsel based on your particular situation
  2. examining and evaluating garnishment orders and court rulings
  3. Recognizing possible mistakes or anomalies in the garnishment procedure
  4. helping to submit the necessary motions or bankruptcy documentation

A garnishment attorney may also provide valuable advise on debt relief options, supporting you in determining the best course of action.

Options Beyond Garnishment

In other cases, garnishment may not be the best or most suitable course of action. Fortunately, there are many additional debt reduction choices. We strongly advise anybody facing garnishment concerns to consult with an expert bankruptcy attorney about their options.