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By Logan Weinkauf
Founding Attorney

If you owe money to creditors, they may take legal action to collect the debt. One of the most common methods used is wage garnishment, which allows them to take a portion of your paycheck before you receive it. Wage garnishment can be a devastating blow, leaving you with little money to cover your essential living expenses. In this article, we’ll take a closer look at what wage garnishment is, how it works, and what you can do to stop it. Table of contents

What is Wage Garnishment?

Wage garnishment is a court-ordered process that allows a creditor to take a portion of your paycheck to repay a debt that you owe. The amount of money that can be garnished varies by state and depends on your income level and the type of debt. Typically, wage garnishment can range from 10% to 25% of your disposable income.

How Does Wage Garnishment Work?

Wage garnishment can be initiated by a creditor after they have obtained a judgment against you. They will then send an order to your employer, who is required by law to deduct a portion of your wages and send it directly to the creditor. Your employer is not allowed to discriminate against you for having a wage garnishment order.

What Types of Debt Can Result in Wage Garnishment?

Wage garnishment can occur for various types of debt, including credit card debt, medical bills, personal loans, and taxes. However, there are some types of debt that cannot result in wage garnishment, such as student loans (unless they are in default) and child support.

How Can You Stop Wage Garnishment?

If you’re facing wage garnishment, there are several options available to you:

1. File for Bankruptcy

Filing for bankruptcy can stop wage garnishment and eliminate most of your debts. However, bankruptcy should be considered a last resort as it can have long-term consequences on your credit score and financial future.

2. Negotiate a Payment Plan

You may be able to negotiate a payment plan with your creditor to stop wage garnishment. This involves agreeing to pay off the debt in installments over time.

3. Seek Legal Assistance

An experienced bankruptcy lawyer can review your financial situation and advise you on the best course of action. They can help you negotiate with your creditors, file for bankruptcy, or explore other debt relief options.

What are the Consequences of Wage Garnishment?

Wage garnishment can have severe consequences, including:

  • Reduced income: Wage garnishment can leave you with little money to cover your essential living expenses.
  • Lower credit score: Wage garnishment can negatively impact your credit score, making it harder to obtain credit in the future.
  • Lawsuits: If you have multiple debts, you may be at risk of facing multiple lawsuits and wage garnishments.
  • Emotional distress: The stress and anxiety of having your wages garnished can take a toll on your mental health and well-being.

Contact an Experienced Bankruptcy Attorney

If you’re facing wage garnishment, it’s essential to take action as soon as possible to protect your financial future. Attorney Logan A. Weinkauf is a Massachusetts bankruptcy attorney who can help you understand your options and make informed decisions about your debt relief. He serves the New Bedford, Fall River, and Wareham areas of Massachusetts and provides free consultations. Contact him today to get started.

Attorney Logan A. Weinkauf is ready to help you. Call 508-375-3878 or use our no obligation case evaluation form on our website’s home page.

About the Author
Logan represents individuals and small businesses in the U.S. Bankruptcy Courts in Boston, Worcester, Springfield, and nearly every county court in Massachusetts. He approaches each case with empathy for the people behind the case. He works efficiently to deliver cost-effective solutions. He has advised people and businesses on creditor and debtor matters across diverse areas of law, including corporate law, real estate, and family law issues. This puts Logan at the leading edge of debtor’s rights, asset protection, and litigation. Logan is a trusted advisor to individuals, families, entrepreneurs, and business owners.