Wage Garnishment Definition
Wage garnishment is the term used to describe a situation where an employer has to withhold an employee's earnings to satisfy a
court order, legal or equitable procedure. Can your employer fire for wage garnishment?
It depends. The law provides protection against employer discharge, if your wages are garnished once. If you are subject to multiple wage garnishments, the law does not provide dismissal protection.
Wage garnishment affects a person, in one of two ways.
1. A person or business, who has a court judgement against them. Once the court issues a judgement against you, the plantiff in the case,
can take advantage of wage garnishment laws to garnish your wages.
2. A person or business (e.g. a landlord suing a tenant for non-payment of rent), who has a court judgement in their favor to collect money
from a defendant. This person can use wage garnishment to collect their judgement.
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Wage Garnishment - Why, How
There are a variety of wage garnishment types. For example, the IRS can garnishment your wages for non-payment of back taxes. The IRS does not need a court judgement to garnish your wages, as required in most cases.
An landlord can sue a tenant who doesn't pay rent and then garnish their wages. There are limits on how much of a wage earners income is available for garnmishment.
Stop Wage Garnishment
Can you stop wage garnishement? Yes. In order for your wages to be garnished the creditor must meet certain criteria. You have to have an income producing income. If you have no job
your wages cannot be garnished.
Stopping Wage Garnishment By Filing Chapter 7 Bankruptcy.
Can filing for Chapter 7 bankruptcy stop wage garnishment?
In most cases, the answer is yes. There are exceptions regarding secured loans and cases involving personal injury or property destruction. Resources:
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