Speak With a Florida Wage Garnishment Lawyer Today!
Your creditor could obtain a wage garnishment against you if you have unpaid financial obligations. A wage garnishment is an order that requires your employer to withhold a certain amount of your paycheck and pay it directly to your creditor, who will apply it toward the amount you owe. While this is usually reserved for unpaid child support or back taxes, credit card companies could use a wage garnishment against you if they obtain a court order.
The Fort Lauderdale bankruptcy lawyers at Loan Lawyers can help you fight against your charges. With more than 100 years of combined experience, we have helped over 5,000 people with debt issues and protected consumer rights. We understand how stressful financial struggles can be, and we are dedicated to helping you find the fastest and most effective solution to your needs to help you rebuild your credit and get your life back on track. We offer high-quality counsel that takes pride in our ability and professionalism, making you feel comfortable.
If you receive notice that you have been issued a wage garnishment, act now and call Loan Lawyers, LLC today at (844) 344-4813 for a free case evaluation!
When Can My Wages Be Garnished?
Suppose you default on a loan or financial obligation issued under public order, such as student loan debt, tax debt, or child support. In that case, you can potentially have your wages garnished without ever having a court case brought against you, giving you little chance to fight back and present your side of the story.
If you are notified that you have your earnings garnished through one of these agencies, speak with a debt defense attorney as soon as possible to discuss your options:
- Child or spousal support: If you were ordered to pay child support any time after 1988, your order automatically includes a wage withholding order. Alimony payments do not necessarily have the same order. However, they could if alimony and child support are combined into a single-family support order.
- Student loans: The U.S. Department of Education can issue a wage garnishment if you default on a student loan. You will be notified in writing of how much you owe, how to enter a repayment schedule, and how to request a hearing on your garnishment at least 30 days before it is set to begin. You should use this opportunity to review your options with a bankruptcy lawyer.
- Back taxes: This is arguably the worst of the three regarding federal wage garnishments. The IRS can take a big chunk of your paycheck and leave you with little without getting a court order. Your first notice should come when your employer gives you a copy of the wage levy notice and an exemption form, which you should complete with the assistance of an attorney and return as soon as possible.
Non-public Creditor Garnishments – Sued by Credit and Loan Companies
For most creditors like credit card companies or medical providers, issuing a wage garnishment takes a lot of work. They must first take you to court and sue you over the missing money, win, and then petition the court to issue a wage garnishment. This means you might not have your wages garnished even if you lose your case.
A garnishment will stay active until you repay the debt entirely or until you can have the order lifted in court. If you are having a wage garnishment issued against you, it’s important to remember that you have rights, and they should be protected. For example, you can preserve a portion of your wages through exemptions to the maximum extent of the law.
You may also file bankruptcy, which immediately ceases all wage garnishment activity (though it may not necessarily absolve you from all debts). Whenever you face wage garnishment, consult with an attorney as soon as possible to develop a plan for regaining your financial independence.
Our Florida bankruptcy attorney is ready to help you avoid wage garnishment! Contact Loan Lawyers, LLC, to begin reviewing your options.