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Wage Garnishment: What It is Operated and What You Can Do

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Wage Garnishment: How it Does It and What You Can Do Do
A wage garnishment is a court ruling that requires that a percentage of your earnings be diverted to settle the credit.
Written by Sean Pyles Senior Writer | Personal financial and credit, and personal finance Sean Pyles leads podcasting at NerdWallet as the producer and host of the NerdWallet's "Smart Money" podcast. On "Smart Money" Sean talks with Nerds across the NerdWallet Content team to answer questions from listeners regarding their personal finances. With a particular focus on sensible and actionable financial advice, Sean provides real-world guidance that can help consumers better their financial lives. In addition to answering listeners' financial concerns on "Smart Money" Sean also interviews guests who are not part of NerdWallet and creates special segments to explore topics such as the racial gap in wealth as well as how to get started investing and the history for student loans.
Before Sean was the host of podcasting at NerdWallet He also covered issues that dealt with consumer debt. His writing has been featured on USA Today, The New York Times and other publications. When when he's not writing about personal finance, Sean can be found working in his garden, going on runs and taking his dog for long walks. He is based in Ocean Shores, Washington.





Sep 19, 2022


Edited by Kathy Hinson Lead Assigning Editor Personal financial, credit scoring, debt and money management Kathy Hinson leads the core personal finance team at NerdWallet. Previously, she spent 18 years working at The Oregonian in Portland in positions such as copy desk chief and team editor and designer. Previous experience included news and copy editing at various Southern California newspapers, including the Los Angeles Times. She received a bachelor's degree in mass communications and journalism at the University of Iowa.







The majority or all of the products we feature are provided by our partners, who we pay. This influences which products we write about and where and how the product appears on the page. However, this does not affect our opinions. Our opinions are entirely our own. Here's a list of and .



Wage garnishment happens when a judge orders your employer withhold a specific portion of your salary and direct it to the person or the creditor to whom you owe money until the debt is resolved.
Child support as well as consumer debts and student loans are all common causes of wage garnishment. Earnings will be garnished until the debt is paid off or otherwise settled.
You are entitled to legal protection and limitations on the amount that can be taken at once. And you can take steps to lessen the effect and assist you in recovering.
Are you ready to take on your debt?
Keep track of your spending and balances all in one place to track the way to get out of debt.






The types of garnishment for wages and how it occurs
Garnishing your wages is more frequent than you imagine. A by ADP Research Institute found that 7% of the 12 million workers they surveyed had their wage garnishments in 2016. For those aged 35 to 44 the figure was 10.2%. The top reasons included child support, consumer debts and ; and .
>> MORE:
There are two types of garnishment:
In the case of wage garnishment , creditors may legally demand that your employer pay a portion of your earnings to settle your debts.
In non-wage garnishment, often referred to as a bank levy, the creditors may tap into your bank account.

It is usually the case when a debt collector sues you for nonpayment of the debt, and then wins in the court. Sometimes, though it is possible for a creditor to make garnishment happen without a court order for example, if you have outstanding child support, back taxes or an outstanding balance on the federal student loans.
The court will send notices to your employer or bank, and the garnishment will begin within five to thirty business days, based on the creditor you have chosen and your state. The garnishment will continue until the entire debt, including court costs and interest, is paid.
What percentage of your earnings can be garnished?
Here's a brief overview of the federal limits for the amount of your disposable income can be used by a creditor. (When it comes to wage garnishment "disposable income" is anything that remains after deducting the required deductions, such as taxes and social Security.)
The type of debt



Percentage of disposable income per week that can be taken



Medical and credit card bills Personal loans and most other consumer debts


The amount you earn is either 25 percent or the amount of your weekly income surpasses the minimum federal wage of 30 percent (currently $7.25 for an hour) which is the lesser amount. Here's how that breaks down:
The weekly amount you earn is more than $290, a maximum of 25percent will be allowed.
* If the sum is between $289.99 and $217.51, the amount above $217.51 is able to be used.
* If the amount is $217.50 or lower, garnishment is not allowed.


Child support and alimony


Up to 50% if you're caring for a spouse or child or a spouse; otherwise, you can get up to 60%. If you are more than 12 weeks late in payments, an additional 5percent could be claimed.


Federal student loans


Up to 15 15%.


Taxes


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








Nerdy Tip
The laws of each state regarding garnishment differ greatly. Your state may have additional safeguards that protect the majority of your earnings or the balance in your bank account or offer exemptions for situations like being head of the household and having dependent children. In most cases, debtors must learn about exemptions and ask for these on their own. Nonwage garnishment, though more rare, is less regulated and has fewer limits for creditor.


What are you able to do about wage garnishment
You have some rights in the process of wage garnishment however, in all states, it is your responsibility to know about and exercise these rights.
You must be legally informed of the garnishment.
You can file a dispute if the notice has inaccurate information or you believe you don't owe the amount.
Certain types of income, like Social Security and veterans benefits are not subject to garnishment for income. However, they could be subject to seizure .
You won't be fired for one wage garnishment, but you'll lose this protection when you have more than one garnishment.

If you believe that the decision was made in error or it's causing undue damage to your finances You can .
What should you do if you receive a garnishment judgement
First, carefully read the judgment to verify that all of the details are correct. Check to make sure it's something you've already paid for and that it's in fact your debt. If it is, think about the amount of money that will be taken, and what it could mean for your financial situation.
Then weigh what to do next. If you haven't done so previously, you might want to consult an attorney who specializes in consumer law to find out what's right for you. You have three main options:
Work out a different deal
Contact your creditors. "A majority of people underestimate how important it is to have a conversation," says Tara Alderete director of enterprise education at the nonprofit financial counseling firm Money Management International. "Look at a budget, look at how much you owe, what you can pay and then call the creditor to find out how you can come up with a payment plan. Consumers and creditors always have the ability to make payments."
Challenge the judgment
If you feel that the garnishment was executed in error, will cause undue harm or is being incorrectly implemented, you may protest to the court. You'll have to act quickly. You may have as few as five business days to challenge the ruling.
Accept the garnishment
You can take care of the garnishment by installments , as the judgment requires or pay in a lump sum. A loan from a friend or family member, or taking out a to pay the judgment off, which is possible despite the garnishment placed on the credit file, may help you get rid of the stress of a prolonged sequence of payments.
It can be embarrassing for your employer to learn you've been sued for debt, but it's best to be honest with your human relations manager or department.
"Wage garnishment could cause stress at work, so be proactive in speaking with your employer about the issue," Alderete says. "Have an open discussion where you say what's happening and you're not going to let to cause problems."
If wage garnishment is a financial burden
If you're not sure of any way to avoid wage garnishment, you can seek the free help of a professional to discuss options, like a repayment plan or bankruptcy.
A judgment for garnishment will remain on your credit reports until seven years after the judgment, and can impact your credit score. There are however a few easy ways to bolster your credit score, both before and following wage garnishment.
and sticking to it -- will help you maintain control of your finances to avoid the possibility of another garnishment. From there, you can use products like a secured credit card to use .



Author bios: Sean Pyles is the executive producer and host on NerdWallet's Smart Money podcast. His work has appeared on The New York Times, USA Today and elsewhere.







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