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Wage Garnishment

Bankruptcy Lawyer in Irvine

Wage garnishment is a legal procedure where an employer is ordered by the court to withhold a percentage of a person's earnings as repayment toward a debt. The IRS or state tax agencies also can order garnishment for unpaid taxes and non-tax debts owed to the federal government. Your employer is not allowed to fire you for wage garnishment. Wage garnishment normally continues until the debt is paid. If your wage garnishment does not leave you enough to cover basic living expenses, you may be in need of an Irvine bankruptcy attorney who can help you file a claim with the court.

The laws of it are covered under Title III of the Consumer Credit Protection Act (CCPA) but individual states can have their own specific laws. The laws of wage garnishment are applicable to all employees that receive some form of compensation. Under California law, there are certain reasons for which wage garnishment can be used. This includes when child support has been ordered by the court, student loans that have not been paid, income taxes that have not been paid and child support arrears. Within these terms are certain limits on how much can be taken.

Wage garnishment usually occurs when serious financial problems have caused burdensome debt. It is important to know that the legal option of bankruptcy can put a hold on wage garnishment and any other collection actions being taken against you by your creditors. It will not affect certain obligations such as child support payments. For those that do have an employer that must place a garnishment on their wages, it may be a burden for them to do this. While they may wish to terminate those that have this restriction placed on them, there are protective laws at the state and federal level, though these are not foolproof.

Your Legal Options

Wage garnishment is a serious step taken by a creditor, which has serious effects on the debtor. There are restrictions as to what percentage of income can be garnished (maximum is 25%) and also on the types of income that can be garnished. A thorough evaluation of your case with an attorney from the firm will help you begin the process of regaining control over your financial situation. The firm has been able to help many who have faced wage garnishment. They will defend your rights aggressively and pursue all legal options to gain a positive outcome for you. It may even be possible for them to acquire a reimbursement for all or part of the wages garnished. If you have had your wages garnished, contact the firm today and get help with your options.


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