If your wages are being garnished or you are being threatened with a wage garnishment, it is time to get a lawyer involved to protect your rights and help you find your financial footing. At Lynch Law LLC, we can help you avoid or appeal a wage garnishment. Whether we recommend paying off your debts or filing for bankruptcy, we'll be there for you every step of the way.
What Is Wage Garnishment?
Wage garnishment is when a portion of your paycheck is withheld and sent to a creditor or person to whom you owe money. Wage garnishments ensure that the debtor makes payments toward the debt they owe.
Wages may be garnished if:
- You owe child support
- You owe student loans
- You owe back taxes
A court judgment has been entered against you
Most creditors will have to obtain a court order before garnishing a debtor's wages. The court will only order a wage garnishment if the creditor can prove that the debtor stopped paying bills or ran up substantial bills. To get a court-ordered wage garnishment, the creditor must sue the debtor and win.
The total amount your creditors can take from your wages is 25% of your net pay. That limit applies whether you have one creditor or several. Keep in mind that each creditor must have a judgment against you to be able to garnish your wages. If more than one creditor has a judgment, the first one would garnish your wages, get 25% of your wages until the judgment is paid, and then cancel the garnishment. Then, the second creditor would garnish 25% of your wages until that judgment was paid. This process repeats itself until all of your creditors' judgments have been paid.
If your income is very low, creditors may not be allowed to garnish the full 25%. Our wage garnishment lawyers in Naperville can assess your situation and explain what you can expect given your unique circumstances.
A wage garnishment can be a huge inconvenience and a substantial financial burden. Unfortunately, the only way to stop a wage garnishment is to pay the debt(s) in full or file for bankruptcy. Our Naperville wage garnishment attorneys at Lynch Law, LLC. can review your case and determine which option is right for you. Our team is passionate about guiding people forward and helping them achieve the fresh start they deserve.
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