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Wage Garnishment

Is a creditor threatening to sue you and garnish your wages? We can help.

Is a creditor threatening to sue you and garnish your wages? Has a creditor threatened to garnish your bank account? Is there a judgment against you which could result in garnishment?

If you answered yes to any of the above questions then you need to know how garnishment works and what you can do to protect you and your family. Garnishment does have some built-in protection in the form of limits as to how much a creditor can take. There are also certain types of property or funds that cannot be garnished.

There are several steps a creditor must take before garnishment begins, from obtaining a judgment to giving notice of the garnishment and most importantly, advising you of the procedures that you can follow to contest the garnishment. Your vehicle, wages and bank account can all be garnished but there are limitations.

Creditors aren't allowed to repossess and sell vehicles if the equity in the vehicle is under a certain amount and, under federal law, a creditor can only take a specified amount from your paychecks.

Employer Compensation for Wage Garnishment Most states allow your employer to retain a certain percentage of the garnishment from your paycheck for bookkeeping compensation. This amount is in excess to your garnishment amount.

With the exception of Child Support or Spousal Support, your income cannot be garnished if it comes from:

  • Social Security benefits
  • Retirement plan benefits
  • Public assistance benefits
  • Workers' compensation
  • Unemployment or disability benefits
  • Workers' compensation awards
  • Unemployment or disability benefits
Many exempt funds can be garnished to pay child or spousal support. Also, the percentage of your disposable income that can be garnished is higher for support than it is for other types of debt.

There is another form of protection under federal law: Your employer cannot fire you because of one garnishment. However, you can be fired for having more than one garnishment.

The Attorneys from Attorney and Debt Counselors are experienced in debtor-creditor and bankruptcy law and can advise you on the best methods for handling garnishment in a matter that will be best for you and your family. Call us today for a free consultation.

Contact Us Today, We Are here To Help: 813-876-3328


     
     
Peter Carratt © 2016 Attorneys & Debt Counselors. All rights reserved.
3019 West Azeele Street, Tampa, Florida 33609 | 1243 South Ridgewood Avenue, Daytona Beach, Florida 32114 | Phone: 813-876-3328
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