Know Your Rights if Your Wages are Garnished
Wage garnishments are no laughing matter. They can reduce your paychecks by hundreds of dollars each month, severely compromising your ability to pay rent, stay on top of other bills, and keep food on the table.
You don’t have to accept a low quality of life just because a creditor has started garnishing your wages. There are a few things you can do, according to a Columbus wage garnishment attorney, to stop your wages from being garnished.
Take a close look at the details of your garnishment judgment
Even if you owe creditors money, it is important that every T is crossed and every I is dotted. Without adhering to the proper process, creditors can garnish your wages unfairly, stomping on your rights in the process. The trick is to take a close look at the judgment in your wage garnishment case.
Is the address on the judgment correct? Something this simple may be grounds for stopping or postponing garnishments. In addition, only up to 25 percent of your income can be garnished. If more than that is being taken from your paycheck, you have grounds to stop the process and possibly eliminate the garnishments. Digging into the details of the account you have with the creditor who is garnishing your wages is a good idea as well.
Because there are a lot of details to comb through, it’s a good idea to enlist the help of a professional attorney. They know where to look and what to look for, identifying potential problems much more quickly and accurately than you can on your own.
Consider filing for bankruptcy
If there are no discrepancies in your garnishment judgment, but you’re really struggling financially, bankruptcy may be a viable option.
Both Chapter 7 and Chapter 13 may be able to eliminate or reduce your garnishments. With Chapter 7, any garnishments being taken from a credit card provider will be eliminated, while Chapter 13 will include garnishment payments in a repayment plan.
Unfortunately, there are payments, such as alimony and child support, that can continue to be garnished even if you have filed for bankruptcy. In addition, filing for bankruptcy won’t stop the garnishments immediately. To make sure bankruptcy is in your best interest, and if so, that it actually stops your garnishments, you should consult with a professional attorney.
Professional help from a wage garnishment lawyer is a must
The bottom line is that you still have rights, no matter what your financial situation and you deserve to be protected from unfair or detrimental wage garnishments. Unfortunately, figuring out those rights is extremely difficult because the legal system is so complex. Every case is different, and every state does things a little differently.
If you’re putting up with wage garnishments that are severely affecting your quality of life, schedule an appointment with our Columbus wage garnishment attorney. We can dig through the details of your case, providing you with options and solutions that will help you get your life back on the right track.