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Wage Garnishment: How it is Operated and What You Can Do

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Wage Garnishment: How it is Operated and What You Can Do
The wage garnishment process is a court judgment mandating that a part of your earnings be redirected to resolve a credit.
Written by Sean Pyles Senior Writer | Personal financial, debt Sean Pyles leads podcasting at NerdWallet as the host and producer of the NerdWallet's "Smart Money" podcast. In "Smart Money" Sean talks with Nerds from NerdWallet's NerdWallet Content team to answer listeners' personal finance questions. With a particular focus on sensible and actionable financial advice, Sean provides real-world guidance that will help consumers improve their financial lives. Beyond answering listeners' money concerns on "Smart Money" Sean also interviews guests who are not part of NerdWallet and also creates special segments on topics such as the racial gap in wealth, how to start investing, and the history of student loans.
Before Sean lead podcasting for NerdWallet, he covered topics that dealt with consumer debt. His work has appeared in USA Today, The New York Times as well as other publications. When he's not writing about personal finances, Sean can be found digging around his garden, going for runs , and walking his dog for long walks. He is based in Ocean Shores, Washington.





Sep 19, 2022


Editor: Kathy Hinson Lead Assigning Editor Personal finance, credit scoring, debt and money management Kathy Hinson leads the core personal finance team at NerdWallet. Prior to joining NerdWallet, she worked for 18 years with The Oregonian in Portland in capacities such as chief of the copy desk and team leader for design and editing. Her previous experience includes news and copy editing at various Southern California newspapers, including the Los Angeles Times. She earned a bachelor's degree in mass communications and journalism at The University of Iowa.







Many or all of the products featured here are from our partners, who we pay. This affects the products we review and where and how the product appears on a page. However, this does not influence our evaluations. Our opinions are our own. Here is a list of and .



A wage garnishment occurs when a court order that your employer defer a certain amount of your pay and direct it to the person or the creditor who you owe money until the debt is settled.
Child support, consumer debts , and student loans are all common causes of garnishment of wages. Your wages will be garnished until the debt is paid off or, if not resolved, repaid.
You are entitled to legal protection which include caps on the amount that can be taken in one go. And you can take steps to lessen the effect and make it easier to bounce back.
Are you ready to get rid of your debt?
Keep track of your spending and balances in one spot to help you see the way to get out of the debt.






The types of garnishment for wages and how it happens
Garnishing your wages is more frequent than you may imagine. A report by ADP Research Institute found that 7% of the 12 million employees that it analyzed had their wages garnished in 2016. For employees aged 35 to 44 the figure was 10.2%. The top causes were child support; consumer debts and ; and .
>> MORE:
There are two types of garnishment:
In wage garnishment , creditors are able to legally demand your employer hand over part of your wages to pay off your outstanding debts.
In non-wage garnishment, often known as a bank levy, creditors may tap into your bank account.

The most common reason for garnishment is when a debt collector sues you for not paying an outstanding debt and prevails in the court. Sometimes, though the creditor may be able to demand garnishment without a court order, for example, if you are in debt to child support, back taxes or the balance of the federal student loans.
The court will send notices to your employer or bank, and the process of garnishment will begin in five to 30 business days, depending on the creditor you have chosen and your state. The garnishment continues until the entire debt, including court costs and interest to be paid.
What percentage of your earnings is eligible for garnishment?
Here's an overview of the federal limits on the amount of your available income can be used by a creditor. (When it is wage garnishment "disposable income" refers to anything left over after deducting the required deductions, such as taxes and social Security.)
Kind of debt



Percentage of the weekly disposable income that can be taken



Credit card and medical bills, personal loans and many other consumer debts


Either 25 percent or the percentage by which your weekly income exceeds 30 times the federal minimum wage (currently $7.25 per hour), whichever is less. Here's how that breaks down:
The weekly amount you earn is $290 or more the maximum amount of 25percent will be taken.
* If it's within $289.99 and $217.51, the amount above $217.51 is able to be used.
* If it's $217.50 or lower, garnishment is not allowed.


Child support and alimony


Up to 50% if you're caring for a spouse or child and, if not, 60%. If you are more than 12 weeks late in your payments An additional five percent may be taken.


Federal student loans


Up to 15%.


Taxes


The Internal Revenue Service will determine the amount you pay by taking standard deductions and your number of dependents.








Nerdy Tip
The laws of each state regarding garnishment differ widely. Your state may have additional protections that shelter the majority of your earnings or balance on your bank account or provide exemptions in cases like being the head of household with dependent children. In most cases, debtors need to learn about exemptions and apply for these independently. Nonwage garnishment, which is less common, is generally less controlled and has lesser limits for creditor.


What can you do to stop wage garnishment
You have some rights in the wage garnishment process However, in the majority of states, it is your responsibility to be aware of and exercise these rights.
You have to be legally informed of the garnishment.
You may file a dispute if the notice has inaccurate information or if you believe that you don't have the right to owe the debt.
Certain types of income, like Social Security and veterans benefits, are exempt from garnishment as income. However, they are subject to confiscation .
You can't be fired for a single wage garnishment, however, you'll lose the protection in the event that you take more than one garnishment.

If you think the decision was not correct or is causing irreparable damage to your finances You can .
What should you do if you receive a garnishment judgement
Before you do that, take a close look at the judgment to ensure that all the information is correct. Make sure that it's not something you already paid and is in fact your debt. If so, you should think about the amount to be taken and what it will impact your financial situation.
Decide what to do next. If you've never done this before, you may need to speak with a consumer law attorney or to find out what's right for you. You have three main options:
Work out a different deal
Make contact with your creditor. "A lot of consumers underestimate how important it is to have a conversation," says Tara Alderete, director of enterprise learning at the nonprofit financial counseling firm Money Management International. "Look at your budget, look at the amount you owe and how much you can afford, and then just call the creditor and see whether you can negotiate an arrangement for payment. Creditors and consumers always have the ability to make payments."
Contest the ruling
If you believe the garnishment was done in error, will cause unjustified harm, or is improperly executed, you can protest in court. You'll have to act quickly. You could have as little as five days to appeal the ruling.
Accept the garnishment
You can pay off the garnishment in installments , as the judgment states or pay in a lump amount. The borrowing of money from a friend or family member, or taking out a loan to pay off the judgment which is possible despite the garnishment of the credit file, can give you quick relief from the stress of a prolonged series of payments.
It can be embarrassing to have your employer know you've been sued for debt, but it's best to open up with your supervisor or HR department.
"Wage garnishment can create stress within the workplace So, be proactive when talking with your employer," Alderete says. "Have an exchange in which you explain what's going on and that you don't want to cause problems."
If wage garnishment causes financial burden
If you're not sure of a path forward from wage garnishment, consult the free help of a to discuss your , such as the repayment plan or bankruptcy.
A judgment for garnishment will remain on your credit report for up to seven years, affecting your score on credit. However, there are simple ways to improve your credit, both during and after wage garnishment.
And adhering to it will help you stay on top of your finances so that you don't get the possibility of another garnishment. From there, you can take out products such as a secured credit card that you can use to make payments .



The author's bio: Sean Pyles is the executive producer and host for the NerdWallet's Smart Money podcast. His writing has appeared in The New York Times, USA Today and elsewhere.







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