Being in debt is one of life’s most stressful and frustrating experiences. Whether you have made the mistake of racking up big credit card bills or have been thrust into debt by circumstances beyond your control, one of the most worrying outcomes of getting behind in your bills is the very real possibility that your wages could be garnished by your creditors. A wage garnishment is when your employer receives a legal notice from the county clerk’s office informing them that they have to send a portion of your wages to one of your creditors. Whether you owe student loans, taxes, hospital and physicians bills or credit card bills, if you receive notice from your employer that they have received and are putting a Wage Withholding Order into place then you need to know your rights. An experienced wage garnishment attorney from Reinherz Law can explain whether you are eligible to appeal having your wages garnished, and how to get a wage garnishment judgment exemption.

The first thing that you need to know is that there is a limit to how much money can be taken from you via wage garnishment. The law does not permit more than 25 percent of your income to be taken, regardless of whether your wages have been garnished by a single creditor or multiple creditors. You also need to know that though your employer cannot fire you for being the subject of wage garnishment by a single creditor, as soon as more than one wage garnishment is received they have the right to terminate you from your position. Knowing that, if you are at risk for wage garnishment it is probably wise to advise your employer ahead of time.

If you receive notice of a Wage Withholding Order, it is important that you act quickly. It often takes several weeks to schedule an appeals hearing, so time is of the essence. The costs to filing a wage garnishment judgment exemption is minimal – it is usually less than $10, and once you have filed the paperwork you should begin gathering documentation of your income, any paystubs of checks from which wages have already been garnished, and information regarding your monthly expenses. These include costs such as utility bills, rent or mortgage payments, and utilities, all of which will be reviewed by a judge to determine whether the wage garnishment will force you into a position of not being able to pay for basic necessities. It is under these circumstances where an exception will be granted – however, if the judge sees that you are spending money on unnecessary or luxurious expenses, your appeal will likely be denied.

Keep in mind that if you file an exception to a wage garnishment, you will not be the only one testifying. The creditors who have filed for wage garnishment have a vested interest in getting the money that they are owed, and will likely argue against you being provided an exception. The best way to make sure that you avoid wage garnishment is to get legal assistance from an experienced attorney. At Reinherz Law we will fight hard for your rights. Call us today to learn more about our services.