Wage Garnishment Attorney: An Overview Of The Process For Abruptly Collecting Unpaid Judgments

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Wage garnishment is a legal process that can be used to collect an individual’s wages. Wage garnishment is a form of economic attachment, which means that the creditor can take your wages as long as you have an outstanding debt with them. There are different types of wage garnishment, but the most common one is called a judicial wage garnishment. This type of wage garnishment happens when a court orders your employer to withhold your wages. If you’re facing financial difficulties and are worried about wage garnishment, don’t worry; there are ways to protect yourself. An attorney can help you understand the process and provide you with the resources you need to fight back.

What is wage garnishment?

What is Wage Garnishment?
Wage garnishment refers to a legal process by which an employer can take a portion of an employee’s wages to satisfy a debt. The law allows employers to take money from employees’ paychecks if they have a court order authorizing the garnishment. Generally, the amount of money that can be taken varies depending on the state, but it can typically be up to 25% of an employee’s weekly wages.

How does the court process work?

The court process for wage garnishment involves filing a lawsuit in order to have a judgment entered against a debtor. Once the court has entered a judgment, the creditor can petition the court to have all or part of the debtor’s wages garnished. In order for the wages to be garnished, the creditor must demonstrate that (1) the debtor is not able to pay their current debts and (2) there is an present ability to pay based on current income and expenses. After demonstrating these elements, the creditor will file an Order For The Garnishment Of Wages which will set out specific instructions on how to begin garnishing the wages.

Once an Order For The Garnishment Of Wages is filed with the court, it becomes binding on all debtors who are subject to it. Typically, creditors will send notice of their intent to garnish wages to employees through either written or electronic notifications. In most cases, employees have 10 days after receiving such notices to provide written documentation showing that they are not able to work because of outstanding judgments or arrears. If employees fail to respond within 10 days, then their employer is typically required to submit proof of entitlement to receive missed wages in accordance with applicable law. Employers are also responsible for promptly submitting updated information regarding employee whereabouts and earnings so that garnishment orders can be adjusted as necessary.

Once an Order For The Garnishment Of Wages is filed with the court and received by an employee, they may experience various negative consequences. These consequences can include: (1) having their wages reduced, (2) having their job terminated, and/or (3) being subject to other restrictions on their liberty.

What factors are taken into account when determining how much money to garnish from a person’s wages?

When a wage garnishment order is issued, the court will consider a variety of factors in order to determine how much money should be taken from the individual’s wages. The most important factors are the amount of debt owed, the wages earned, and any income or assets that the debtor may have. Additionally, the garnishment order may be modified depending on whether or not the debtor has any children support obligations or if any other dependents are also owed money.
If you are facing wage garnishment, it is important to contact an attorney as soon as possible in order to protect your rights. An attorney can provide legal advice on how to contest the garnishment, and may be able to negotiate a payment plan that will avoid any unnecessary financial hardships.

What are the consequences of not following the court order?

If you do not comply with a court order to pay an amount of money, there are potential consequences. Depending on the situation, the non-compliance may result in additional court costs and possible criminal penalties. Additionally, depending on the type of debt ordered to be paid, wage garnishment may result in reduced wages and/or possible termination from one’s job.
If you are delinquent on a child support order, there may be serious consequences including jail time and possible seizure of assets.

Conclusion

Wage garnishment is a process that can be used to collect an individual’s wages in order to satisfy a debt. Wage garnishment is typically used when there is not enough money available to pay the entire amount outstanding on a debt, or when it would be impractical for the debtor to come up with the money themselves. An attorney can help you navigate the wage garnishment process and protect your rights during this difficult time.

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