WAGE GARNISHMENT ATTORNEY SERVING SAVANNAH, GA

If you owe back taxes, student loans, or child support, the court may order wage garnishment as a way to force you to pay off these debts. While wage garnishment may be effective, it is not always justified or legal. Garnishment can hurt you financially, causing you to lose your job or making it difficult to cover your living expenses.

At Pytte Law, I’ll use my experience and expertise to get your life back on track and on your way to financial relief. I will work diligently to find the best path for you and help you fight to protect your rights and finances. I proudly serve clients in Savannah and Hinesville, Georgia as well as surrounding counties.

What is Wage Garnishment?

Wage garnishment occurs when a court orders that a portion of your wages be withheld by your employer until the debt is resolved or paid off. Types of debts eligible for garnishment include:

• Consumer debt

• Credit card

• Medical

• Child support

• Alimony

• Federal student loans

• Taxes

The percentage of your wages that can be garnished depends on several factors such as the type of debt you have, the amount of the debt, how many dependents you have, and your overall financial situation. Federal limits for garnishment are 25 percent for consumer debt, 50 percent for child support, 15 percent for student loans, and 15 percent for taxes.

Laws Regarding Wage Garnishment

Title III of the Consumer Credit Protection Act (CCPA) prohibits your employer from firing you because your wages are garnished for any one debt and limits the amount that may be garnished from your check. However, an employer is not prohibited from firing an employee after garnishment for second or subsequent debts.

Wage garnishments can apply to forms of income such as wages, commissions, salaries, bonuses, retirement, or pension. In the state of Georgia, a creditor or agency must file a collection lawsuit with the court. If the claim is approved, the creditor must receive a money judgment stating that you owe them money.

How to Stop Wage Garnishment

By working with your wage garnishment lawyer in Savannah, Georgia, there are some ways that you can stop wage garnishment. The three most common ways include:

1. Fight the Garnishment

There are ways to fight garnishment. If you paid the debt already, the creditor is taking too money, or the creditor did not go through the proper procedure to garnish your wages, you can object to the garnishment. Your attorney will help you submit your objection in writing and request a hearing in court.

2. Negotiate a Payment Plan

If you get a demand letter from a creditor, do not ignore it. Instead, try to negotiate a payment plan with the creditor or agency that you can work with. Many creditors have repayment options available. An experienced attorney can conduct the negotiations on your behalf.

3. File Chapter 7 or 13 Bankruptcy

A chapter 13 bankruptcy allows you to restructure your payments so that you can avoid garnishment. All creditors and agencies can work with you to develop a payment plan of three to five years. A Chapter 7 bankruptcy may relive some debt. However, it will not stop a garnishment. Bankruptcy will also not stop child support or alimony garnishment.