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Do you know what happens during the wage garnishment process?

On Behalf of | Jul 18, 2019 | Asset Forfeiture

There are many unpleasant consequences that come with having a lot of debt. From phone calls from debt collectors to losing a portion of your income, debt can affect many areas of your life. One of the ways you may experience this is through wage garnishment. 

Garnishment is what happens when an employer, per a court order, withholds a portion of your paycheck. The amount withheld goes toward the repayment of certain debts. It may come as a surprise to you to learn that your employer can do that, but it’s possible. There are certain things you can do, however, that will put a stop to this and eventually allow you to regain your financial footing.

What happens during this process?

Wage garnishment is an inconvenience, and it is a direct threat to the financial health of your family. After all, if you aren’t able to bring home your whole paycheck, how can you even hope to pay your bills and make ends meet? It may be helpful for you to understand the following things about the wage garnishment process:

  • While it seems unfair, wage garnishment is a legal process. However, there are limits in place designed to protect consumers.
  • An employer cannot fire someone simply because of the garnishment of his or her wages for any one debt.
  • The amount garnished differs from person to person. It depends on income, disposable earnings and more.
  • There are laws in place that limit the amount that an employer can withhold from a person’s paycheck.

If you have an outstanding debt that has been unpaid for a while, it is possible that you may face wage garnishment at some point. A creditor could take steps to seek a court order, and your employer would have to comply with it.

Making garnishment stop

Wage garnishment is a frustrating process. Fortunately, there are options available to you. One way to stop the garnishment process is to file for bankruptcy. This enacts the automatic stay, which stops all collection efforts against you. This includes wage garnishment.

If you are facing a lot of debt, and you are unsure of what you can do to ever catch up, you may want to start with a complete assessment of your case with an experienced Oregon bankruptcy attorney. This step can help you understand what legal options are available to you and if filing for bankruptcy is a prudent way for you to seek a better financial future.

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The Law Office of Kim Covington, is a woman owned debt relief agency, and I have helped families, individuals and small businesses, file for bankruptcy relief under the U.S. Bankruptcy Code, for over 24 years.