Wage Garnishment Attorneys – Loop Law Firm
by admin on 24/04/10 at 11:22 am
Warning! If you have received a certified letter from the IRS, contact us immediately. If certain steps are not followed, you could lose your rights.
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Wage Garnishments
The IRS isn’t the only agency allowed to garnish your wages. If you are behind on debts, collectors could put wage garnishments on your paycheck. There are state wage garnishment laws, so make sure to check with your state to see how much power debt collectors have over your income. In most states, up to 25% of your weekly wages or up to 30 times the federal minimum hourly rate ($5.15 now) can be taken from you, whichever is more. The federal law also has an exemption rule, so if the federal law exemptions are more than the state’s, the federal law overrules.
What Happens with Wage Garnishments
Luckily, with the state and federal laws present, collectors can’t easily place garnishment on your wages. But when it does occur, it can be devastating. First, the creditor will sue you for the debt you owe. Once they take it to court and win the case, the creditor will get a judgment against you to determine how that debt will be paid back to them. Sometimes you are required to come to the court to present your side of the case; there the court will ask you questions about your assets, bank accounts, income and other real property.
The creditor can then pull up another order to try to get the courts to grant them the power to garnish your property. Once given this power, the creditor, by law, has to give you notice of the wage garnishment.
Wage Garnishment Attorneys
What should be Included in the Notice of Wage Garnishments
- A letter that clearly states that a wage garnishment is in order
- Exemptions of what the creditor won’t be able to take from you
- The procedure you can follow to contest the wage garnishment
Wage Garnishment Attorneys & The IRS
The IRS is more known for taking out wage garnishments against individuals who owe money. If you are in debt with the IRS and have already received a notice about a tax garnishment, you should contact a legal professional immediately. It is also important that you know that IRS wage garnishments do have limitations. No creditor is allowed to take from you:
- Social security benefits
- Retirement plan
- Public assistant benefits
Then unless the debt you owe is for spousal or child support, a creditor can’t take money from your worker’s compensation or unemployment/disability benefits.
Appealing Wage Garnishments – Our Attorneys
The best way to quickly become free of an IRS wage garnishment is with an attorney. With someone that knows the steps to take and how to use specific laws to your benefit can help you get out of the stress your debt has caused.
Employee Protection Laws Regarding Wage Garnishments
Some employers in the past have fired employees because they had wage garnishments placed on their paychecks. Laws have since been passed to avoid this from occurring. It is important that you know your right as an employee. If you have been terminated after receiving one tax garnishment, you should contact a legal representative immediately to investigate this matter. Most employers would rather let go an employee with wage garnishments to avoid dealing with the hassle. The law only prohibits employers from firing you over one debt, but if you have tax garnishments on more than one debt, then you can be legally fired. If you have been wrongfully terminated, the employer could face a $1,000 fine and up to one year in prison.
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