It depends on your state, but generally about 25% of your TOTAL NET (after tax) earnings can be garnished. But, government benefits life AFDC (Aid for Families with Dependent Children), Social Security or Veterans benefits cannot be garnished.
[ more ]Posts Tagged: garnishments
What is a garnishment?
It is a court order telling your employer to deduct a part of your wages and send it to the court to pay your creditor. It can only occur after your creditor has sued you and gotten a judgment against you, and it can happen only if your earned income after taxes is more than
[ more ]What happens to a garnishment or a creditor’s lawsuit once I file bankruptcy?
Immediately upon the filing of the bankruptcy petition, all creditors must stop any collections against you. The Bankruptcy Court issues what is called an “automatic stay. ” This means that by order of the Bankruptcy Court all garnishments must cease and creditors may not take any further action on any lawsuit pending against you. The
[ more ]Can my employer fire me if they are served with a garnishment Order?
NO! You cannot be fired by your employer because of a garnishment. There are both state and federal laws to protect you.
[ more ]When does a garnishment end?
A garnishment ends when the judgment with legal interest is paid or when your employment ends.
[ more ]How many creditors can put a garnishment on me at the same time?
Only one (1) creditor can garnish you at any given time, however, a garnishment from a creditor and a wage withholding order for child support can occur at the same time.
[ more ]Once the judgment or default judgment is entered, how can the creditor then collect his money?
There are several ways in which the creditor can then proceed to collect his money. One way is to serve a garnishment order on your employer or bank. Another is to execute a judgment lien against your real estate or personal property. The creditor may seek out any assets that you may have that could
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Recent Posts
Attorney Megan Quillen Earns Certification as Consumer Bankruptcy Law Specialist
The law office of Harlan and Quillen is proud to announce that attorney Megan Quillen has been named board certified by the American Board of Certification (ABC) as a Consumer Bankruptcy Law Specialist. “Achieving board certification as a Consumer Bankruptcy Law Specialist is a proud moment in my legal career,” says Quillen. “I am honored
H&Q Paralegal Receives Advanced Certification
H&Q Paralegal April Watson recently achieved the Fair Credit Reporting Act (FCRA) Advanced Certificate through the Professional Background Screening Association. The certification program content included fair credit reporting compliance, accuracy and litigation information and strategy. Watson manages the firm’s credit report review process. H&Q provides a no-cost credit report review for clients following their bankruptcy
H&Q Attorney Keith Slocum named to the Board of the American Board of Certification
Consumer bankruptcy firm, Harlan and Quillen, is proud to announce that attorney Keith Slocum has been named to the Board of the American Board of Certification (ABC). “I’m honored to be named to the ABC board and work alongside other professionals that are leading our legal field,” says Slocum. The ABC is the premier legal