Stop Wage Garnishment: Get Help with a WA Attorney!
Have you got wage garnishment? Worried the collection agency will take your car and freeze your bank accounts? Having your wages garnished is a serious and stressful situation. It is difficult to focus on work, knowing that you don’t have the money to pay off your debts because of garnished wages.
Garnishment is something that will stay on your credit report for years, even after you pay off the debt. Don’t be a victim any longer.
Get in touch with a trusted Vancouver Wage Garnishment Attorney at Robert Russel Law Office. We would be more than happy to talk through your situation and explain our process and what we can do for you!
What is Wage Garnishment?
A “wage garnishment,” often termed a “wage attachment,” is a court order directing your employer to withdraw a particular amount of money from your salary and transfer it straight to one of your creditors. In most circumstances, a creditor can’t garnish your salary without first receiving a money judgment from a court.
For example, if you’re late on credit card payments or owe a doctor’s bill, such creditors can’t garnish your income until they sue you and secure a judgment.
Different Types of Wage Garnishment
There are four types of debt that may result in wage garnishment.
Child support payments. According to federal law, child support is always the first wage garnishment that must be paid. In addition, this statute imposes automatic wage garnishment for alimony, spousal support, and other court-ordered family support payments.
State obligations. State tax debts may be collected by wage garnishment. However, child support and federal debt must be paid before state garnishment rules may take effect.
Federal debt. This type of wage garnishment includes, but is not limited to, federally-backed or privately-held student loan payments and IRS-owed federal tax debts.
Credit card debt. After clearing federal and state obligations, private entities may garnish wages to collect credit card bills.
After the four categories mentioned earlier of debts are addressed, wage garnishment may be issued for additional obligations, such as unpaid medical bills and personal loans.
Additionally, some workers may be subject to bank account garnishment.
In Washington, Who Can Garnish my Wages?
Creditors, debt buyers, and debt collectors can take money from your wages in Washington. Several creditors can take money from your paycheck simultaneously, but there are limits to how much cash they can take.
In some situations, your paycheck can be taken out of your bank account without a court order. The government debt is an example of this. This includes student loans, back taxes, and child support from the federal government. Spousal support orders can also be used to take money from wages without filing a lawsuit.
Wage Garnishment: What You Can Do?
In the wage garnishment process, you have some rights, but it’s up to you to know and use them in most states.
- You have to be advised about the garnishment legally.
- You can file a dispute if you think the notice is completely mistaken or if you don’t think you owe the debt.
- Some kinds of income, like Social Security and benefits for veterans, can’t be garnished. But once they are in your bank account, they could be taken away.
- You can’t be fired if you have one wage garnishment, but this protection goes away if you have more than one.
You may challenge the garnishment if you feel the judgment was issued in mistake or if it is causing you significant financial damage.
How to Stop Wage Garnishment?
A wage garnishment can be stopped in a few ways:
Pay in Full
Payoff the loan as soon as possible. If you settle your obligation within 21 days of the judgment, the creditor cannot garnish your wages.
Negotiate a Repayment Plan
If you cannot return your debt in full, you may be able to prevent garnishment by establishing a payment plan with your creditor. If you and your creditor agree on a payment plan, put it in writing.
Submit a Motion for Installment Payments
You may also ask the court for an installment payment plan by submitting a motion. You may pay the judgment in small amounts over time if the court authorizes installment payments.
An installment payment plan simply prevents periodic salary garnishment. A non-periodic garnishment, such as a bank account or state tax return, might be collected by your creditors.
If you miss a payment, your creditor might ask the court to set aside the installment repayment schedule and initiate garnishment. Ensure that every payment is made on time.
If you can’t pay off your debt, you might want to file for bankruptcy to stop the garnishment. When you file for bankruptcy, the court automatically puts a hold on your assets. All collection efforts, like garnishments, must stop right away. When you file for bankruptcy in Washington, the state’s exemptions can help you protect your property. Depending on what works best for you, you can use federal or state exemptions.
When you file for bankruptcy, the debt for which your wages are taken could be completely wiped out. This means that you won’t have to pay the debt, so your wages can’t be taken. It also means that your wages can never again be taken because of the same debt.
A bankruptcy lawyer can help you through the process of filing for bankruptcy.
How Can A Wage Garnishment Attorney Help?
When a person suffers financial difficulty due to wage garnishment, contacting a wage garnishment lawyer to prevent the loss of money from each paycheck is often necessary. It is simpler for an attorney to stop garnishing in certain states than in others; thus, the employee must get legal representation.
A garnishment causes anxiety until the debt is paid in full. However, when calling the attorney to attempt to prevent or stop income garnishment, it is crucial to ensure that he or she has all the vital information.