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Wage Garnishment Laws

Wage garnishment occurs when money is removed from a person's wages in an attempt to compensate a debt. Generally, this type of garnishment is a result of a court ordered judgment and seems to be one of the most common types of garnishment. The most common debts that result in wage garnishment are, but not limited to: child support, student loans, taxes, and unpaid court fines. When an employer is served with a garnishment notice, the funds are removed as part of the payroll process (deduction). To learn more about wage garnishment and wage garnishment law, take a look at the commonly asked questions below that have been answered by Experts.

I received a wage garnishment letter today how do I stop it this garnishment?

Generally, when a person's wages are garnished, someone has filed a suit against the person and won a judgment against the person. The first things you can to do are contact the person with the judgment and request the information about your case. The only way you can fight this garnishment is to challenge it. If you had no knowledge of the lawsuit, you can claim you were not properly served and ask the court to vacate the judgment. If your employer has received the wage garnishment notice, the judgment has already been awarded. You may be able to have the judgment overturned, but you will need to find out how the judgment was awarded without your knowledge. You could contact the court and get a copy of the judgment.

In the state of Maryland, if an individual’s wages are being garnished bi weekly and the individual has only received a 38 dollar check how much or what percent is someone allowed to garnish out of that check?

Maryland law states that disposable wages are wages that remain after all mandatory deductions are removed from the pay which also includes medical insurance. The amount of disposable wages that are exempt from garnishment is up to or greater than 75%. It appears the wage garnishment is far more than allowed by state law. You need to file an objection with the court where the judgment was granted and have the amount of the garnishment corrected.

What forms will an individual need in the state of California to stop a wage garnishment and a writ of execution on a temporary spousal support order until the support order can be reevaluated?

In order to stop a wage garnishment, you will need a court order. You will need to file an emergency motion to put the wage garnishment on hold until you know the outcome of the re-evaluation. You could also file a motion to re-evaluate the spousal support. As far as emergency motions go, there are no forms that you can use. You can either attempt to draft a Motion on your own or hire an attorney to draft the Motion. If you feel uncomfortable drafting the motion, you should probably hire an attorney. You could check with the court clerk, they may have a generic motion form that you could use. You need to be careful about how the Motion is drafted because the judge will base his judgment off of this.

If an individual has received a wage garnishment from their employer in regards to an old bank credit card, the entry was in 2003 and the statute of limitations in Minnesota is 6 years, can the individual prevent this garnishment?

Minnesota's Statute of Limitations on collecting on a judgment is 10 years. You would normally receive a notice of garnishment that provided ways for you to avoid the garnishment. The most direct way to stop a wage garnishment is to file a motion to vacate the judgment based on the fact that you were never served notice of the claim. If the court finds these facts to be true, the judgment will be set aside and the garnishment will be revoked.

How can I stop wage garnishment in Texas?

You can file a motion with the court and state that the garnishment is a hardship. You could ask for a hardship extension by taking all of your relevant documentation to the courts and ask for a modification due to the personal expenses that are required (children, housing, basic needs). Ask the court to lower the amount of wage garnishment to assist you with being able to provide for your families necessities or stop the garnishment all together.

When a person's wages are being garnished, this can sometimes cause hardships. There are ways to prevent wage garnishments or at least modify the amount to help the person manage everyday living expenses. If you have questions or concerns about a wage garnishment, you should ask an Expert for legal insight.
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Recent Wage Garnishment Questions

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