Hiring an Attorney to Protect Your Rights from Wage Garnishment

Personal Injury Lawyer

Those who are currently suffering from wage garnishment, can turn to an attorney for advice. We understand just how vital it is to have the money to afford costs of living such as rent, groceries, utilities and taking care of your family. If you have recently endured wage garnishment, you may have trouble keeping up with the more immediate bills in your life. Let us help you take action against the creditor or entity that has requested your wages to be garnished.

The Process of Wage Garnishment

In order for wage garnishment to occur, a creditor or another party in which you owe money to, has to submit a request for the seizure of your earnings. Once approved, this party can file for collection to your employer who must relinquish a portion of your earnings before it gets into your hands. The garnishment may continue until the debt is completely paid off. There are instances where your rights may have been violated, such as if you never received notice of the wage garnishment prior, or more has been taken out than necessary. The top Glendale workers compensation lawyers can consult with you to figure out if this may have wrongfully happened to you.

Your Rights as an Employee

When an employee first finds out about the wage garnishment, they may fear being fired by their employer. In general, an employee cannot be let go from their current employer for having a single wage garnishment. However, it is important to note that if you start to accumulate more than one, you not may be as protected. Whether you have one or more wage garnishments currently against you, we highly recommend reaching out to an attorney.

Types of Garnishment

There are two different kinds of garnishment. Accessing your paychecks is not the only way that a creditor may try to obtain payment from you. If you are not sure whether you are experiencing wage or non wage garnishment, we can give you more information about the difference. Here we have defined both wage, and non wage garnishment:

  • Wage Garnishment = deducting a portion of an employee’s paycheck as a result of a court order
  • Non Wage Garnishment = when a creditor or other agency collects money from a person through means that do not include a paycheck, such as accessing money directly from the bank account

If you need assistance regarding a wage garnishment issue, an attorney can help see that your rights are protected. Depending on the details of your financial status, we may suggest being proactive through talking with the creditors or agencies that you have outstanding debts with. They may or may not be willing to negotiate with you, depending on how much you owe and how long it has been since you’ve made a payment.

 


 

Thank you to our friends and contributors at Hickey & Turim, SC for their insight into wage garnishment and workers comp claims.

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