How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
3 Employment Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Questions about Wage Garnishment Laws

Wage garnishment can have a devastating affect on a person’s paycheck. Dealing with the legal aspects of wage garnishment can be confusing to people who have never had to participate in garnishment. When you need expert legal help, the Employment Lawyers on JustAnswer can assist you by providing answers for any legal questions related to wage garnishment and wage garnishment laws. Take a look at the top five wage garnishment questions that have been answered by the Experts.

How is wage garnishment calculated?

Usually, for ordinary garnishments (i.e., those not for support, bankruptcy, or any state or federal tax) the weekly amount taken cannot exceed 25 percent of the employee’s disposable earnings or the amount in which an employee’s disposable earnings are greater than 30 times the federal minimum wage. The law sets a maximum amount to be garnished in any pay period or workweek, regardless of the number of garnishment orders received by an employer.

How does a person find out if their wages will be garnished?

Your wages cannot be garnished until there is a judgment. In order for a creditor to obtain a judgment, they must serve you with a summons and complaint. This will notify you that there is a pending judgment against you and will allow you time to prepare and defend your rights. You will also be notified when a judgment has been passed. If a creditor obtains a judgment against you, they will then be allowed to garnish your wages.

Can a company withhold an entire paycheck of an independent contractor as garnishment for repayment of a loan?

Because you are an independent contractor, this would be a matter of what’s specified in the contract. This would be more of a withholding of pay issue and not really a wage garnishment issue. If there is nothing written in your contract that provides for this type of withholding, then the company could be in breach of contract. You could then file a suit for breach of contract. The company would have to prove the terms of the loans and if there is nothing in writing, they would be unable to collect.

Can a wage garnishment be stopped after it has started and if yes, then how?

It is a very difficult but possible to stop a wage garnishment once the creditor has received a writ of garnishment from the court. Your employer has no choice but to allow the garnishment once the writ of garnishment has been issued. However, you could go to the court that ordered the garnishment and file a “claim of exception”. In order to gain a claim of exception, you will need to show that the garnishment hinders you from meeting your daily needs. Another option would be to file for bankruptcy to free you from the creditor obligation. However, bankruptcy would be a last resort option to resolve your financial predicament.

What can a person do if they have overpaid on a wage garnishment and have not been reimbursed?

If you have overpaid on a garnishment, you would need to send a written letter to your employer demanding the money to be returned to you. If your money isn’t refunded, you can contact the US Labor Dept/Wage Div. You can make your report over the phone and request an investigation. You should also notify your employer that you will file the complaint to receive your money.

Regardless of the situation, if you are having issues with wage garnishment and need experienced assistance in wage garnishment law, you can take your questions to Employment Lawyers on JustAnswer. The Experts can answer any wage garnishment question in an efficient and knowledgeable manner.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
3 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Wage Garnishment Questions

  • I have an employee who was employed as a office manager and

    I have an employee who was employed as a office manager and was employed for approx. 11 months at my company the facts are as follows.... 1) No call no show on 12-5-14 ans has only contacted us regarding her last check 2) upon time clock report inspection there were few valid punches made by the employee during her last worked pay period 3) My company was served garnishee papers regarding this employee on the same day she was no call no show. 4) she is threatening Labor Dpt. complaint against us.
  • Hello, I have a dance band with independent contractor musicians

    Hello,
    I have a dance band with independent contractor musicians working for me.
    I issue a check to Erika for $700.00 She said it got lost in the mail. (This has happened with her before, so I thought nothing of it.) I did not put a stop payment on the check, and I wrote her a replacement check. She deposited the replacement check. Then she became insubordinate and I had to terminate her. She then found the lost check and cashed it. She refuses to communicate with me to reimburse me. Seven (7) months of me emailing, texting, and calling have been fruitless.
    What can I do?
    Thank you.
    Kenny
  • We had an employee who was supposed to get wages garnished

    We had an employee who was supposed to get wages garnished but our human resources department never received the paperwork. Now the garnishment is in default and the plantiff and court want us to pay.
    If we pay, can we then make a loan to the employee and have him pay us back through weekly deductions.
< Last | Next >
View More Employment Law Questions