Wage Garnishments
Wage garnishment is a legal process where a portion of your earnings is withheld by your employer to pay off a debt. This can be a stressful and financially challenging situation. At Shield Law Group, APLC, based in Los Angeles, we are dedicated to helping you understand your rights and options when facing wage garnishment. Our experienced attorneys are here to provide you with the legal assistance you need to protect your income and resolve your debt issues effectively.
Key Facts About Wage Garnishments
Wage garnishment typically occurs when a creditor obtains a court order to collect a debt directly from your paycheck. Federal and state laws limit the amount that can be garnished from your wages, ensuring that your basic living expenses are covered. Understanding these limits can help you manage your finances better and ensure that you can maintain financial stability.
You have several legal rights when it comes to wage garnishment. You must receive a notice before the garnishment begins, and you have the right to dispute the garnishment if it is incorrect or unfair. Certain types of income, such as Social Security benefits and disability payments, are generally exempt from garnishment. Being aware of these protections can help you safeguard your income.
There are several ways to stop wage garnishment. You can negotiate a payment plan with the creditor, which may result in the garnishment being lifted. Filing for bankruptcy can also halt wage garnishment, although this option requires careful consideration and legal advice. If the garnishment is causing severe financial hardship, you may be able to file a claim of exemption to reduce or eliminate the garnishment, providing immediate financial relief.
Frequently Asked Questions
Wage Garnishments
How much of my wages can be garnished?
The amount of wages that can be garnished is limited by federal law to the lesser of 25% of your disposable earnings or the amount by which your weekly earnings exceed 30 times the federal minimum wage. State laws may provide additional protections that further limit the amount that can be garnished.
Can I be fired because of wage garnishment?
Federal law prohibits employers from firing an employee solely because their wages are being garnished for a single debt. However, this protection does not extend to multiple garnishments. It's important to seek legal advice if you are facing multiple wage garnishments to understand your rights and options.
What should I do if I receive a wage garnishment notice?
If you receive a wage garnishment notice, it's important to act quickly. Review the notice to understand the details of the garnishment and verify its accuracy. Contact your creditor to discuss potential payment arrangements and consult with a legal professional to explore your options for disputing the garnishment or filing a claim of exemption.
