My wages have been garnished, is that legal?

Creditors can legally garnish your wages under certain conditions and by court order or judgment. Although there are laws in every state on this issue, federal law takes precedence. Judicial creditors can garnish your income, but are limited to 25% of your earnings after mandatory deductions or the amount of your weekly wage that exceeds 30 times the current minimum wage where you live, whichever is less. .

If you are already lost, you are not alone and many creditors screw you up, which means that your garnishment might not be completely legal. If you are not sure, you should contact an attorney. The court may be able to get a waiver, but the longer you wait, the more difficult it will be to rectify the situation or recover some of the money that was taken incorrectly.

How long do wage garnishments last?

Wage garnishments will continue until the debt owed is paid, or temporarily if you file for bankruptcy. Your employer is required to set aside this money if there is a court order, but cannot penalize you in any way for the added hassle of dealing with it. If they do, there may be penalties, especially in child support or spousal support garnishment cases.

These types of family law liens take precedence, and in California such liens can be large and you must pay. Even if you file “undue hardship” with the court, you will still have to pay. If you have a double garnishment: money for creditors and money for child and / or spousal support, the latter comes first, even if there is not enough left to pay the creditors.

Creditors Must Tell You Before Wage Garnishments

If you have a judgment against you and you are in default and have not paid what you owe, your creditors will notify you 30 days in advance of wage garnishments. This is often a debated point, as at times the debtor has moved or tried to hide and therefore could not be contacted.

Your employer should give you a copy of the creditor’s lien documentation, if you did not receive a copy, go to your payroll department and ask for it. Make a note of when and what was said.

How to get the garnishment money back

If you file for bankruptcy under either Chapter 13 or Chapter 7, you can often get your money back and stop more wage garnishments during the proceedings. Of course, you will need a legal eagle on your side for this to happen. You may not be able to pay off the debt you owe depending on what it is, but it could give you temporary breathing space so you can get your financial situation back in order without being homeless or losing everything.

If you find yourself in this case, you have probably put off contacting an attorney for a long time, and you need to get on the phone right now and schedule a time to talk about your total situation and all the options you have. The longer you wait, the fewer options you are legally entitled to.