When a consumer fails to repay his debts, or "defaults," his creditors may, as a last resort, have his wages garnished. Also referred to as attachment, wage garnishment requires your employer to withhold a portion of your wages and forward them to your creditors for repayment of the debt. This situation is not only embarrassing, but can create serious financial hardship. Consumers should seek legal help to prevent, end or reduce wage garnishment.
How are Wages Garnished?
If a consumer falls behind on repayment of a debt such as a credit card or medical bills, the creditor will typically attempt to collect the debt by sending notices and telephoning the customer. If this fails to resolve the problem, the creditor or a collection agency may file a lawsuit requesting a wage garnishment. Generally, the creditor will have to establish the validity of the debt and demonstrate that other collection efforts have been made and failed.
Prevent Garnishment
The best way for a consumer to prevent garnishment is to contact the creditor when he falls behind and try to work out a payment arrangement. You can get legal help through an attorney or from a credit-counseling service to negotiate with your creditors. This way you can stop garnishment before it begins.
Ending Garnishment
An attorney can assist in preparing a legal case to argue that the wage garnishment puts undue strain on the debtor or his family, or is unlawful. He may also be able to negotiate with the creditors to have the court order lifted. Creditors are unlikely to agree to ending the garnishment because they are assured of recovering money through the court order. Federal law does, however, limit the amount of your wages that can be confiscated under court order.
Reducing the Payments
While ending wage garnishment may be difficult, it is possible to have the amount of money withheld reduced. An attorney can petition the court that issued the attachment order requesting that the garnishment amount be reduced. This can help lessen the financial burden created by the reduction in wages.
Selecting Legal Counsel
When seeking an attorney to assist in ending or reducing wage garnishment, consumers should consult lawyers and firms that specialize in financial and consumer law. Internet searches can find local firms and client reviews to find an attorney that meets the needs of the consumer.
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