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Wage Garnishment: How it Does It and What You Can Do Do

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Wage Garnishment: What It Does It and What You Can Do Do
A wage garnishment is a court judgment mandating that a portion of your earnings be diverted to resolve the outstanding credit.
by Sean Pyles Senior Writer | Personal finances, financial debt Sean Pyles leads podcasting at NerdWallet as the producer and host of NerdWallet's "Smart Money" podcast. The show "Smart Money" Sean talks with Nerds on the NerdWallet Content team to answer listeners' personal finance questions. With a focus on thoughtful and actionable financial advice, Sean provides real-world guidance that can help consumers better the financial situation of their lives. Beyond answering listeners' money concerns on "Smart Money" Sean also interviews guests outside of NerdWallet and creates special segments on topics like the racial wealth gap and how to begin investing and the history of student loans.
Before Sean lead podcasting for NerdWallet, he covered topics that dealt with consumer debt. His writing has been featured in USA Today, The New York Times as well as other publications. When when he's not writing about personal finance, Sean can be found digging around the garden, taking walks, or taking his dog on long walks. Sean is located at Ocean Shores, Washington.





Sep 19 2022


Editor: Kathy Hinson Lead Assigning Editor Personal finance, credit scoring, managing money and debt Kathy Hinson leads the core personal finance team at NerdWallet. Previously, she spent 18 years working at The Oregonian in Portland in roles including copy desk chief and team editor and designer. Her previous experience includes writing copy as well as news editing at many Southern California newspapers, including the Los Angeles Times. She received a bachelor's degree in journalism and mass communications in The University of Iowa.







The majority or all of the products we feature come from our partners, who we pay. This affects the products we review and the location and manner in which the product appears on a page. However, this does not influence our evaluations. Our opinions are entirely our own. Here's a list and .



The process of wage garnishment takes place when a court order that your employer defer a certain portion of your paycheck and send it directly to the person or the creditor to whom you owe money until the credit is paid.
Child support as well as consumer debts and student loans are all common causes of garnishment of wages. Earnings will be garnished until debt is paid off or otherwise settled.
You are entitled to legal protection and limitations on how much can be taken in one go. There are steps you can take to lessen the effect and assist you in recovering.
Are you ready to get rid of your debt?
Monitor your balances and spend all in one place to track how you can get rid of the debt.






Types of wage garnishment and how it happens
Garnishing your wages is more frequent than you might think. A report by ADP Research Institute found that 7 percent from the 12 million employees they surveyed had their the garnishment of their wages in the year 2016. For employees aged 35-44 the figure was 10.2%. The most common reasons for this included child support, consumer debts and ; and .
>> MORE:
There are two types of garnishment:
In wage garnishment , creditors may legally demand your employer hand over part of your income to pay off outstanding debts.
In nonwage garnishment , commonly called a bank levy, creditors are able to access your bank account.

The most common reason for garnishment is when a debt collector sues you for non-payment of a debt and wins in the court. Sometimes, though it is possible for a creditor to demand garnishment without a court order, for instance, if you have outstanding child support, back taxes , or an outstanding balance on Federal student loans.
The court will issue notices to you and your bank or employer, and the garnishment process will start in five to 30 business days, based on your creditor and state. The garnishment continues until the entire debt, including court fees and other interest to be paid.
How much of your salary can be garnished?
Here's an outline of federal limits on how much of your disposable income a creditor can take. (When it pertains to wage garnishment "disposable income" means anything left after deducting the required deductions, such as taxes and social Security.)
The type of debt



Percent of weekly disposable income that can be taken



Medical bills and credit cards, personal loans and most other consumer debts


A minimum of 25 percent or the percentage that your weekly earnings is greater than 30 times federal minimum wages (currently $7.25 for an hour), whichever is less. Here's how that breaks down:
The weekly amount you earn is greater than $290 the maximum amount of 25percent will be allowed.
* If it's in the range of $289.99 and $217.51 The amount that is greater than $217.51 can be taken.
* If the amount is $217.50 or lower the garnishment cannot be allowed.


Alimony and child support


up to 50% if you're supporting another child or spouse; otherwise, up to 60 percent. If you are more than 12 weeks behind in your payments, an additional 5percent could be claimed.


Federal student loans


Up to 15 Up to 15.


Taxes


The Internal Revenue Service will determine the amount to be taken from standard deductions as well as the number of dependents you have.








Nerdy Tip
State laws regarding garnishment can vary greatly. Some states may provide additional protections that shelter your income and the balance in your bank account or provide exemptions in cases like being the head of the household and having dependent children. Most of the time, creditors have to be aware of exemptions and ask for them on their own. Nonwage garnishment, though more rare, is more unregulated and comes with fewer restrictions for creditors.


What you can do about wage garnishment
There are rights you have in the wage garnishment process, but in most states, it's your obligation to know about and exercise these rights.
You must be legally informed about the garnishment.
You may file a dispute if the notice has inaccurate details or you think you don't owe the debt.
Certain forms of income, like Social Security and veterans benefits, are exempt from garnishment because they are income. However, they may be subject to confiscation .
You can't be fired for having one garnishment on your wages, but you'll lose this protection when you have several garnishments.

If you believe the judgment was erroneous or has caused undue damage to your finances You can .
What should you do if you receive a garnishment judgment
First, carefully read the judgment carefully to confirm that all the information is correct. Check to make sure it's something you've already paid, and that it's in fact your debt. If it is, consider the amount of money that will be taken and what this will affect your financial situation.
Decide what to do next. If you've not done it before, you may want to consult an attorney for consumer law to figure out what's right for you. There are three choices:
Work out a different deal
Get in touch with creditors. "A many consumers don't realize how important it is to have a phone call," says Tara Alderete director of enterprise learning at the non-profit financial counseling agency Money Management International. "Look at a budget, look at the amount you owe and the amount you have to pay, and then just call the creditor and see how you can come up with the payment plan. Consumers and creditors always have this option."
Refute the decision
If you think the garnishment was made in error, is causing unnecessary harm, or was incorrectly implemented, you may protest to the court. It is imperative to act swiftly. There could be as little as five business days to contest the ruling.
Accept the garnishment
You may repay the debt in a series of installments according to what the judgment stipulates or pay it in one lump sum. The borrowing of money from a friend or family member, and/or taking out a loan loan to pay the judgment off, which is possible despite the garnishment of the credit file, may provide quick relief from the stress of a prolonged series of payments.
It can be embarrassing to let your employer know you've been sued for debt however, it's better to be honest with your manager or human relations department.
"Wage garnishment could cause stress in the work environment So, be proactive when discussing the situation with your employer," Alderete says. "Have an open discussion in which you explain what's going on and tell them that you don't want it to turn into a problem."
If wage garnishment causes financial burden
If you're not sure of any way to avoid wage garnishment, consider the free assistance of a to discuss your , such as a repayment plan or bankruptcy.
A judgment of garnishment can remain on your credit report until seven years after the judgment, and can impact your score on credit. However, there are simple ways to improve your credit, both during and after wage garnishment.
And sticking to it -- can help you maintain control of your finances and avoid an additional garnishment. From there, you can use products like secure credit cards to use .



The author's bio: Sean Pyles is the director of production and host of the NerdWallet's Smart Money podcast. His writing has appeared on The New York Times, USA Today and elsewhere.







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