If any residents in Florida or anywhere around the nation are having difficulty making ends meet, the last thing they need is to have part of their job earnings withheld. However, wage garnishment is a fairly common practice by creditors. Wages are most often garnished to collect unpaid credit card debt, child support, taxes or student loans. Financial experts recommend several steps to those who may experience wage garnishment.
Creditors must sue those who owe them money and win a judgment against them. At that point, an employer would receive a court order requiring them to withhold part of someone’s pay. The withholding would continue until the full amount of a debt is paid. Courts can also order a creditor to take funds directly from an individual’s bank account to settle a debt. However, creditors are not allowed to take money from a paycheck without going through a specific process.
Someone who owes money must be sued and have a judgment entered, followed by the issuance of a wage garnishment. That person must be made aware of the garnishment and will have an opportunity to appeal. There are federal guidelines about the amounts that may be garnished, as well as several states with their own limits. It is important to note that court orders are not required if an individual owes unpaid child support or back taxes.
Financial experts recommend that consumers avoid the garnishment process if at all possible. Be proactive with credit card companies or contact a family court judge to possibly reduce the payments, yet still continue to pay back debt. It is important to not ignore the order and try to abide by the judgment until a debt is settled.
Wage garnishment may seem to be a drastic measure to collect unpaid credit card debt or other unsettled debts. To avoid this action, it may be helpful to contact a Florida bankruptcy attorney to help develop a plan to improve one’s finances. If someone has received a wage garnishment notification, an experienced lawyer can help that person understand what is expected of them and what actions are required.
Source: wisebread.com, “Here’s What to Do If Your Wages Are Garnished“, Denise Hill, Feb. 27, 2018