Several reasons exist for an employer potentially garnishing your wages. It may not always happen because of the reasons you think.

More importantly – it may not even come because of a decision made directly by the employer. Honestly, much of the time, it’s some type of external factor that’s triggering the wage garnishment.

When it happens, your first reaction might be to march directly to the manager’s office and give the head honcho a piece of your mind. However, that’s not the best course of action.

The first thing you need to do is contact an Athens, GA wage garnishment lawyer. When things like this happen, you’ll find that often, it’s a government or state-related issue. You’ll get a lot farther along in the process with the knowledge and in-routes wage garnishment lawyers have when it comes to these situations.

Have you ever dealt with a sudden stoppage of your wages? If you have, it could feel like the weight of the world is crashing down. However, there is relief in sight, and we’ll talk about navigating the situation in the following article.

The following entities or reasons can potentially be the cause of your wage garnishment. It’s important to keep cool so you can efficiently sort the matter out with a wage garnishment lawyer.

• Credit card companies
• Banks
• Credit unions
• The IRS
• The state/federal government for child support owed
• The company you work for if you owe them money
• Most any creditor
• Court systems

That’s a fairly long list of potential entities to choose from. It’s important to keep your cool and get to the bottom of the situation.

We can assure you they all mean business, and it takes a wage garnishment lawyer to handle them.

Defining “Wages”

First off let’s talk about what is meant by “wages”. Wages generally refer to money that one earns from his or her job as well as any other income. In most states, there are specific types of earnings that cannot be attached to court orders such as alimony payments, child support, and taxes.

Also, some types of government assistance cannot be used in this process such as unemployment compensation benefits, food stamps, and housing subsidies. So basically, anything except earned income should never be garnished unless specifically allowed by law. If they try to do so anyway then contact a wage garnishment lawyer immediately.

The Process: What to Do and Using a Wage Garnishment Lawyer

The first step is to obtain copies of all pay stubs (or timecards) going back several weeks showing hours worked and amounts paid each week. This will show how much you earn per hour over the past few months. You may have to get them yourself through payroll or ask someone else who has access to these documents. Hiring a wage garnishment lawyer can help you with this complicated process.

The next thing to look at is whether your employer withholds federal tax deposits from your paycheck. This means that part of every check goes into paying federal tax obligations on behalf of the company. Most employers do this but sometimes it doesn’t happen automatically. Your best bet would be to call corporate headquarters directly for information on withholding practices concerning federal taxes.

Next, we need to find out if you are receiving retirement or benefits before taxes are withheld. Again, you’ll want to verify this with the person handling employee benefit plans and pensions. Some companies don’t offer 401k plans, and if yours doesn’t, then this piece of information isn’t relevant.  However, if they do, then we need to highlight this area as well just to make sure this wasn’t affected by anything that was withheld from your paycheck.

It might seem like digging around in this area isn’t worth your effort; however, it pays big dividends down the road. Once you understand where you stand in terms of your finances right now, you can start planning for your future.

Credit Card Debt

Now, let’s move on to interest and debts owed to credit card issuers. Interest on savings accounts and checking accounts are usually exempt from wage garnishment.

If you ever challenge a dispute or have an issue with a credit card company and you hold the bill (don’t pay), technically they could garnish your wages if the situation goes too far. When your wages are garnished, you end up giving away your hard-earned money without realizing it. Ask your banker or credit card company if this is a common practice.

This situation can be extremely frustrating because the reason you’re withholding payment in the first place is because of a dispute over a charge that was unlawful or unfounded, to begin with.

How Long Does Garnishment Last?

This varies widely between state laws. Under certain circumstances, it could remain active indefinitely. Though once you’ve been notified by the creditor that they intend to garnish your wages, you should seek the advice of a competent wage garnishment lawyer.

A Chapter 7 bankruptcy filing protects your assets while allowing you to continue making mortgage payments, car payments, etc.

A Chapter 13 bankruptcy allows debtors to repay some unsecured claims over three years. As part of this program, they agree to stop all collection activity including wage garnishment.

These are possible options, and a wage garnishment lawyer can help with both, or at least prepare you for a bankruptcy attorney.

By doing this you gain valuable breathing room to catch up on bills, rebuild credit, and create a new life after bankruptcy. Some debtors stay current after filing and get rid of their debts entirely!

What Type of Notice Does My Employer Give? How Fast Does It Happen?

Employees receive two kinds of notices regarding wage garnishment. One type gives a warning. Usually sent within 60 days of starting employment, this letter informs workers that their salaries may be reduced due to outstanding debts. At least 30 days before cutting paychecks, the second kind of notice tells employees exactly how much was deducted and why. Employers are required by law to provide both types of notices.

However, this isn’t always the case. A wage garnishment lawyer is warranted in situations where you don’t receive proper notice. Honesty, it’s not uncommon for an employee to experience wage garnishments on the spot, without warning.

Can My Boss Garnish Wages Without Notice?

Yes, although rarely. Wage garnishment becomes very common when an individual owes large sums of money to multiple creditor institutions. You need to remember that it’s rarely your boss garnishing your wages.

The only time your boss will garnish your wages is if you owe the actual company you work for

• You signed a contract agreeing to accept garnishment as payment for goods and services rendered.
• Your spouse filed for divorce and received temporary custody of your children.
• You bought a property from a seller who claimed you failed to complete payment.
• You agreed to purchase goods or services from a contractor and didn’t pay full price.

When you sign contracts, leases, open lines of credit, etc., your signature waives your constitutional rights. While you have little recourse against a private creditor, you may still be entitled to protection under consumer lending regulations.

Can I Prevent My Wages From Being Garnished With the Help of a Wage Garnishment Lawyer?

Unfortunately, no. State laws vary greatly and there are numerous exceptions to general rules. But if you believe your wages are subject to garnishment, you should consult an experienced wage garnishment lawyer. He or she can guide you through the complex maze of statutes governing your case.

Wage garnishment can be particularly embarrassing, as well. If my wages are garnished, does it mean I’m a bad person, or should be looked down on by my peers?

Absolutely NOT! There is typically a perfectly good explanation for wage garnishment. You’d be surprised at the number of times it happens and it’s a complete misunderstanding.

However, according to most wage garnishment lawyers, there are certain measures you should take if it DOES happen to protect yourself.

Are There Special Steps I Need to Take to Protect My Assets If My Wages Are Garnished?

There are three main areas you should consider protecting:

1.) Assets outside the reach of creditors

2.) Spouse and family assets

3.) Income streams

To begin, take photographs of important papers and mementos that support your identity such as Social Security cards, birth certificates, passports, driver’s licenses, voter registration, military discharge papers, medical records, professional credentials, and photos of pets. Keep these items safe and secure. Make sure they are accessible to family members and trusted friends only.

Also, protect your ability to control spending by keeping track of all cash withdrawals made throughout the day. Remember, if your wages are garnished, your checks will bounce. Be careful of impulse purchases and follow good money management habits.

Finally, don’t underestimate the power of online banking. Banks allow customers to transfer funds electronically among various deposit locations. If you believe wage garnishment is happening for unfounded reasons, you may want to consider transferring all assets out of your name for the time being and into the hands of a loved one or family member.

Call Today For A Free Consultation From An Experienced Wage Garnishment Lawyer at Morgan & Morgan

Have you recently had your wages garnished? Are you being threatened with wage garnishment actions and don’t believe it’s ethical or legal?

Regardless of the situation, you need a professional on your side. Wage garnishment is a complicated process with lots of arms at work. It takes an expert to understand this process and everything that goes with it.

Contact Morgan and Morgan, Georgia’s experienced wage garnishment lawyers. They’re ready to handle your case at all times and avoid having your life turned upside down.