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.