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What is Wage Garnishment?

Taking Money from Your Pay

If your wages are being garnished or you have received a notice that you are being sued in relation to a debt, contact Price Law Group immediately. A notice you are being sued is a sign that wage garnishment is likely to follow. When a creditor obtains a court order and garnishment is effected, your employer must deduct a portion of your wages before the remainder reaches you. If you take no action, the creditor is able to continue with this action until the entire debt is repaid. Garnishment can involve a substantial amount of your paycheck and very quickly leave you unable to pay the rent and other basic necessities.

Protection Under Title III

Are you facing an unmanageable amount of debt? If so, your employer may receive a court order to withhold your pay check as compensation for your outstanding financial obligations. This called wage garnishment. According to the U.S. Department of Labor (DOL), wage garnishment may be ordered by a court or "other equitable procedure," such as the Internal Revenue Service (IRS). If your wages are withheld because of debt, Title II of the Consumer Credit Protection Act (CCPA) prohibits your employer from firing you because your wages have been garnished. However, this rule only applies if your wages have not been garnished before. In other words, you may lose your job if your wages are garnished for a second deb.

According to Title III, no more than 25% of your wages may be garnished unless you owe money for tax debts, child support or other federal payments. 50% of your earnings may be garnished for child support debts. These percentages apply to your disposable income. "Disposable income" refers to the amount of money you keep each pay period after federal taxes, state taxes, local taxes, social security, unemployment insurance, state employee retirement expenses and other deductions have been taken from your paycheck. Health insurance, life insurance, union dues and charitable contribution deductions will not be subtracted from your disposable income.

Legal Assistance

If you employer discharges your because of an outstanding debt, your job may be protected under Title III of the CCPA. CCPA applies to any person employed for personal services. This includes wages, salaries, commissions, bonuses, income from pensions, income from retirement programs, but does not usually include tips. At the Price Law Group, we want to help you avoid wage garnishment. Talk to an attorney from the firm today so that we can review your case and begin negotiations with your creditor. Wage garnishment is inconvenient and may leave you without enough money to pay for basic living expenses: Call now to see if we can help you find an alternative solution to your financial difficulties.

Hold Onto Your Hard-Earned Money!

For individuals who elect to pursue bankruptcy, their wage garnishment issue will be resolved by the legal requirement that such garnishments immediately cease upon their bankruptcy filing. Whatever approach is used to address your situation, the firm will follow through each step to ensure your rights are protected throughout the process. They can also take any necessary legal action with your employer if you are fired due to your garnishment, as this is illegal. The legal team is committed to providing prompt and effective service for clients when they need it the most.

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