Wage Garnishment Attorney
How does wage garnishment work?
Wage garnishment in the city of Georgia can be up to 25% of your disposable earnings or on your earnings less than 30 times the minimum federal earning at 7.25$ per hour or 217.50 $ per week, whichever the lower. Disposable earning is the wage left after mandatory deductions like federal taxes, state taxes, state unemployment taxes, social Security taxes , etc.
Wage garnishments in Georgia without judicial intervention:
For student loan default, the rate is 15% of your disposable income. The US Department of education or anyone acting as its authorized collector will collect the amount.
Internal Revenue Services or IRS wage garnishment formulae are based on your standard deduction and the number of dependents you have.
In the above three cases, no judicial order is needed, but the concerned department must intimate you in advance of the impending garnishment.
Beware; the state of Georgia places a high premium on child support, which is garnishable without court law. Child support or Alimony garnish percentage can be as high as 50-60%of your disposable wages in Georgia.
But, is my total paycheck garnish able? If not, what does exempt from garnishment mean?
Pay items, which are exempt from garnishment, are as follows:
- Social security, money paid in lump sum or installments for disability or retirement benefit. However, these also come in the garnish net if you have debt on federal or state taxes, child support premiums or federal student loan.
- Person having Social Security Incentive (the logic being that the respective income is so low it would leave nothing on the hand of the debtor after garnishment).
- State welfare benefits like Medicaid, Food Stamps, Housing and Urban Development (HUD) programs are exempt from garnishment.
- Temporary Assistance for Needy Families.
- Your student loan is exempted but not when it shows up as debt.
- If you owe child support that’s mandatorily payable but if you are the receiver, its exempt.
- Many Veteran and Civil services Retirement benefits are also exempt from garnish tactics.
How to stop wage garnishment immediately?
How can something stop which is overdue? If you have the money, connect and present your case before a wage garnishment attorney, so that he can now engage with your lender for a practical lump sum amount that will rub off your debts officially.
Alternatively, you may go the roundabout way and try to file a traverse against the judgement arguing that the case against you was erroneous. For this hire us, your friendly wage garnishment defense lawyer.
You may also try the mischievous way of hiding when the Sheriff comes to serve you the papers or not updating your proper residential address in the records of the lender. However, this process is temporary and going to cost you the labour and money of opening cases at different places. In addition, the old debt case will go nowhere. Try this delay tactics when you know a fortune awaits you later.
Will bankruptcy stop wage garnishment immediately?
Yes, it will stop the creditor harassment. This is also the only easy way out to stop wage garnishment once it has started. However, remember the facts too. Once declared bankrupt you would not be able to do it so within a certain number of years for the second time. It will take away your non-exempt assets once for all. You may not be able to rebuild your house again. Your credit rating will automatically go to the lowest R9 level and will stay there for six years in the first bankruptcy.
Whatever the case we suggest you contact us, one of the best wage garnishment lawyers, to find the best way out.
Why you need to hire a wage garnishment attorney ?
The thought may cross your mind as to why do I need to hire a wage garnishment attorney. Well, do you want to give away half of your hard earned salary for years to come? Will your motivation in the job remain the same? Wouldn’t you be at the risk of losing your reputation if not the job, once the garnishment starts? To counter this situation, call or email the wage garnishment lawyer now.
- Once the papers are filed by the lender and a case filed under the relevant sections, you get a summons delivered via your employer. You will have a definite time frame to reply or counter the lawsuit. This is the best time to put your defense forward. Hire the best wage garnish lawyer right Spend a few hundred dollars to save thousands of dollar wages for years.
- If you are sure of your default, try for a settlement out-of-court. Take your lawyer’s help to negotiate the debt by a lump sum upfront payment. Take care to cover all components of debt like the principal, interest, sundry charges, lawsuit charge in the lump sum payment so that there is no further harassment. Needless to say, you need a garnishment attorney.
- If you want to prove that the debt did not belong to you at all, file the traverse through the wage garnishment attorney.
- You may try to wriggle out of the situation stating the hardships you are currently facing, but to prove that in court you will need the defense attorney.
- When faced with non-judicial arrears like tax notice from IRS, consult the tax garnishment lawyer to lessen the impact.
How to know if I have a wage garnishment?
Wage garnishment in Georgia works under the Georgia garnishment law. First, the lender will file a case in the local court. The local sheriff will serve the papers to you once the court admits the case. If you think of contesting the case, hire a wage garnishment lawyer or us to defend your case. If left alone, the lender will be awarded a default garnishment order. This order will state the items in your paycheck to be exempted.
Once the employer gets this order, he needs to act upon it. He may argue against the case only if you do not work under him anymore. He will get a grace period of 45 days for making the system compliant to the order. Within this 45 days time, contact a wage garnishment attorney, or tax debt lawyer either to find a way out or to minimize the garnished amount.
When can a creditor garnish your wages in Atlanta? And how much are they entitled to take?
When the creditor has obtained the court order, he can start garnishing wages 45 days after the order is signed. In case of a legal money judgement, currently maximum garnish amount can be either 25% of your disposable income or disposable income less than 30 times fed minimum wages of 7.25$ per hour/217.50$ per week, whichever is less.
In the case of child support, it can be upto 60% of disposable income with no dependents. With dependents, it can be 50%. For fed different loan default, wage habitant can be maximum 15% of disposable income per month.
What does exempt from garnishment mean?
Under the law of Georgia, certain incomes are exempt from the garnishment. A list of these items have been itemized under the heading “Pay items, which are exempt from garnishment, are as follows:“ in this article.
How can I dispute garnishment of wages?
Of course, you can, but obviously, you cannot do it on your own. Consult a wage garnishment defense lawyer for this.
Can the employer fire me due to wage garnishment?
According to the federal law, if there is only one garnish case against you, the employer cannot fire you. However, you lose that protection if another lender obtains garnishing court order against you.
Why hire David Galler as your garnishment defense lawyer ?
David Galler is an eminent lawyer practising in Atlanta, Georgia.
When you are in fear of wage garnishment, act immediately. Contact within 5 days of getting a notice to fight it in the court, negotiate for a permanent an out-of-court settlement, or if nothing works- reduce the garnishment amount per month.
Galler Law firm has a stellar success rate for chapter 7 bankruptcy which can be a one-time solution for debuts that you cannot cure. Contact Galler to save your precious home from non-exempt items and keep it for your future generations.
Galler, in spite of the hectic schedule, never forgets the importance of his clients. He sets a couple of hours every day to meet counts personally.
For any debt related problems act immediately. Call Galler Law at 770-671-8830 or fill free consultation form at https://gallerlaw.com
David Galler is an experienced bankruptcy attorney based in Atlanta, Georgia. For the last 29 years he has filed over 10,000 bankruptcy cases. He has a FIVE STAR client rating on Avvo, Kudzu.com, RateABiz.com, and Google+, among other sites. Over 99% of all Chapter 7 cases he filed have been discharged.