Preventing Wage Garnishment
When you work for a living, you want to keep as much of that money as possible. From bills to family outings to the bare necessities, the money you earn is precious. That’s why it is so harmful when your debts can incur wage garnishments from a creditor. Simply put, a wage garnishment occurs when an entity takes income out of your paycheck and puts it toward your outstanding balance before the check is received. Each time you get paid, you’ll be seeing less money than you rightfully deserve because the creditor will not hold off on their endless vendetta to recoup what they’re owed. Worst of all, you likely won’t even find out until payday. Here at Benner & Weinkauf, we want to put and end to wage garnishments against our clients. You work hard for what you have, that’s why you should be entitled to pay your debts back on your own terms with the help of our team of dedicated attorneys.
Where Does The Law Stand On Wage Garnishment?
If all goes as planned, we will work with you to see to it that this no longer happens. If it has already happened, we will work to correct it. No matter who is taking money out of your pocket, be it the IRS or an independent creditor, we will see to it that it stops for good. The good news is, under the current Massachusetts laws, most creditors can only garnish up to 15% of your wages to repay your debts. Depending on why the money is being garnished, there are special circumstances where more can be taken.
Exceptions To The Rules
The process can be enacted quite quickly, although most creditors must obtain a judgment in court stating that you owe them money before they can get an order that allows for wage garnishment. For example, if you owe money to a doctor’s office because you are behind on your payments, those creditors cannot garnish your wages unless they sue you and get a judgment that explicitly gives them permission to do so. As previously stated, there are a few exceptions to these rules. If you have unpaid income taxes, court-ordered child support, or student loans, then they can be garnished without a judgement in the creditor’s favor.
Bankruptcy Can Protect You
You don’t have to sit by as your creditors take you for everything you’re worth. You don’t have to give up your property or paychecks just so your debts can be settled to the satisfaction of every creditor that you cross paths with. Bankruptcy law is in place to protect you from letting this happen. At the law offices of Benner & Weinkauf, we work to get our clients back on track and back to earning a living that they deserve from their hard work. Despite what they may say about it, the IRS has no right to take away portions of your income and leave you without your livelihood. Together, we will work together to find the best solution that works for you and your family. To find out more about what we can do to prevent, stop, and rectify wage garnishment, give us a call today.