Wage garnishment information
Wage garnishment information
Wage garnishment is a written order sent by the court to your employer asking to deduct the said amount from your disposable earning to the creditor. The creditor approaches the court when he finds complete denial of the amount he owes from the debtor. This garnishment allows garnishing nearly 25% of the debtor’s wages, if he is employed. Though, this rule is followed in almost all the states, yet you can notice variations from state to state. However, a wage garnishment is relatively quicker if the debtor has a permanent job and is earning enough money to live above the poverty line. Besides he should have no other garnishments senior to yours. There is a possibility that the debtor may quit his job after the wage garnishment. In such a case, you have to initiate the process again. A debtor who is under serious debts and is suffering from garnishments and lawsuits can take advice from a debt reduction specialist. He can arrange negotiation with your creditors and workout a different debt payment plan. The specialist will be your middle man and will work with your creditors and bring out a better route than being sued. However, you can stop the wage garnishment before it reaches your employer by producing enough evidences of your income and living expenses. If the details produced prove to be convincing that the living expenses will hardly be met, if the wage garnishment is levied, the judge may stop it. As a creditor, you should garnish your debtor’s wages by following the local courthouse rules. A creditor should collect all the information regarding the debtor and produce it to the local official. This paperwork of wage garnishment is given to the debtor’s employed to withhold 25% of his wages and to direct it to the local official. This is an effective way to receive the dues back from a debtor. However, to avert such embarrassments as well as inconvenience of their wages being garnished, the debtor tries to seek help of an attorney. Though, the federal law states that an employer cannot fire his employee when his wages are garnished, but on the contrary an employee can quit his job after the wages are garnished. There are debtors who quit the job or take the worse by filing for bankruptcy. In such cases the creditor can receive nothing from the debtor until he clears the bankruptcy status. Similarly, a debtor who does not support a child or a spouse can be garnished up to 60% of his wages and if he happens to support his spouse or child, the debtor can take home a pay of 50%.