Tag Archives: Wage Garnishment

Bankruptcy as a Solution to Wage Garnishment

The law in the District of Columbia regarding wage attachment is similar to the federal wage garnishment laws. The law limits the amount of each check that can be garnished to no more than 25 percent. Without getting a court order, most creditors are not allowed to garnish your wages. However, there are a few types of debts that creditors can garnish your wages for without a judge’s ruling. Debts such as medical bills and credit card debts will not justify a wage garnishment order without the approval of a judge. In order to get this order, the creditor would have to sue you and get a judgement. However, unpaid income taxes, child support, or default student loans do not require a judgement for creditors to get a wage garnishment order. If your wages are being garnished, or you think they will start to be garnished soon, then filing bankruptcy…
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What Are My Rights during Wage Garnishment?

If you have outstanding debts such as child support, student loans, back taxes or you have had a court judgment levied against you, it is possible for the courts to require your employer to withhold a portion of your wages in order to pay creditors. However, there are limits to this. For example, most wage garnishments can only happen after the creditor or entity you owe gets a court order. If you have defaulted on a loan or stopped paying a credit card, the entity you owe must sue you, win and get a court order requiring payment. Creditors are only allowed to garnish a certain amount of money from your checks. The limit is whichever is lowest: 25 percent of your disposable earnings or the amount by which your pay exceeds 30 times the minimum wage. If your debt is from child support, student loans or taxes, a court…
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