There are both state and federal laws which allow for wage garnishments, and also legal options you have to avoid garnishments. How do garnishments work? When will you receive a garnishment? What legal options do you have?
Basics of Garnishment
A garnishment is a common action used by creditors who have no other legal options in collecting money you owe. The company will go to court, show what you owe, and ask for a wage garnishment. Usually, this involves getting your wages garnished until the debt is paid. If you have no income and few if any assets, you rarely have to worry about garnishment. If on the other hand you do have a job, these wages can be taken. There are ways to protect yourself, and we'll be going over them.
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What Will Happen?
As noted, you will only get a garnishment against you if you have some money or income coming in. In some states, you can also receive a vehicle garnishment, where your car can be repossessed. State laws differ on vehicle garnishment, usually depending on the equity of the vehicle.
Usually, you face wage garnishment. This begins with the creditor going through the court first, then a sheriff going to your place of work and serving garnishment papers. Your employer will then have to take a portion of your check until the payment is made in full. Typically, it only occurs in higher than minimum-wage paying jobs, and sometimes can be stopped if you already have an ongoing wage garnishment.
What Can Stop It?
You have some legal options when it comes to stopping a wage garnishment. First, if your income is coming from Social Security benefits, worker's compensation, a retirement plan, any disability or unemployment benefits, or public assistance, usually the wages cannot be taken. Your other option is to file bankruptcy. In any case where you fear wage garnishment or you just received a notice of it, you need professional legal counsel. One of the best ways to stop a wage garnishment is to file bankruptcy.
How to Get Bankruptcy Help to Stop Garnishment
Your options for personal bankruptcy are Chapter 7 and Chapter 13. These do require the help of a bankruptcy lawyer. The main benefit here is that you can not only stop the wage garnishment, but either discharge the debt entirely with a Chapter 7 plan or pay it on an affordable schedule with a Chapter 13 repayment plan. Filing bankruptcy is not always your best option, but if you can be free of the debt or pay only a portion, it can have big benefits.
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