Understanding Wage Garnishment and How to Fight It
Wage garnishment can feel like a financial gut punch. One day you’re budgeting for your expenses, and the next, a chunk of your paycheck is missing—often without much warning. If you’re facing wage garnishment, it’s essential to understand how it works and, more importantly, what you can do to fight it. At the Law Office of Rowena N. Nelson, LLC, we’ve helped many clients regain control of their finances and protect their hard-earned income.
What Is Wage Garnishment?
Wage garnishment is a legal process where a creditor obtains a court order to deduct a portion of your paycheck directly from your employer to repay a debt. This can happen for various types of debts, including:
- Unpaid credit card bills
- Medical debt
- Student loans
- Child support or alimony
- Unpaid taxes
For most debts, creditors must first sue you, win a judgment in court, and then request garnishment. However, for certain debts like student loans, child support, or back taxes, the government can garnish your wages without a court judgment.
How Much Can Be Garnished?
Federal law limits how much can be taken from your wages. Generally, creditors can garnish the lesser of:
- 25% of your disposable income (what’s left after mandatory deductions), or
- The amount by which your weekly income exceeds 30 times the federal minimum wage
For child support or alimony, garnishment can be up to 50-60% of your disposable income. Unpaid taxes and student loans have different limits.
How to Fight Wage Garnishment
Wage garnishment isn’t always inevitable. There are several strategies you can use to stop or reduce it:
- Challenge the Garnishment in Court: You have the right to request a hearing if you believe the garnishment is incorrect or unfair. Common defenses include:
- The debt isn’t yours
- The amount is wrong
- The creditor didn’t follow proper legal procedures
- Claim Exemptions: Some income is protected from garnishment, such as Social Security, disability benefits, and certain retirement income. Additionally, if the garnishment causes extreme financial hardship, you may qualify for a hardship exemption.
- Negotiate with the Creditor: Sometimes, creditors are open to settlement or alternative payment arrangements, especially if you’re proactive.
- File for Bankruptcy: Bankruptcy can stop most wage garnishments immediately through an automatic stay. Depending on the type of bankruptcy, you may be able to discharge the debt entirely or set up an affordable repayment plan.
How the Law Office of Rowena N. Nelson, LLC Can Help
At the Law Office of Rowena N. Nelson, LLC, we understand how stressful wage garnishment can be. Our team will:
- Review your case to identify legal errors or defenses
- Help you file the necessary paperwork to challenge the garnishment
- Represent you in court hearings
- Explore debt relief options, including bankruptcy, if it’s the right fit for your situation
We’re committed to protecting your rights and helping you regain financial stability.
Don’t Let Wage Garnishment Drain Your Paycheck.
You don’t have to face this alone. If your wages are being garnished—or you’ve received a garnishment notice—reach out to us immediately. The sooner you act, the more options you’ll have. Contact the Law Office of Rowena N. Nelson, LLC at www.rnnlawmd.com to schedule a consultation and start fighting back today.