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FAQ

What is a Wage Garnishment?

Posted by Stefen K. Shamberg | Feb 03, 2023

After filing a lawsuit and obtaining a Judgment, which is a Court Order to pay, a creditor has the ability to attach your wages for up to 25% of your net income each pay period until the balance due on account has been satisfied.  Those funds would be directly deducted from your paycheck and sent to the issuing Court, which will forward the monies to the law office representing the creditor. 

The amount deducted is based upon the true measure of your earnings, including any overtime received.  Nonetheless, if you subsequently work-out an agreed payment solution, and equally comply with those terms, they will be unable to proceed that attachment.  So even if a debt is already post-Judgment, there is still an opportunity to try and negotiate terms and preclude a garnishment from occurring. 

However, should you lack the means to pay the obligation, or if the creditor is not inclined to consider an offer within your financial capabilities, then the Garnishment can be subsequently stopped if you file for Bankruptcy protection. That relief may occur even if the funds are already being deducted from your wages. 

About the Author

Stefen K. Shamberg
Stefen K. Shamberg

Originally from the Cleveland area, Stefen was principally raised in Mansfield, Ohio.  Upon graduating from high school he attended Kent State University obtaining a Bachelor of Arts Degree, majoring in Political Science.  Interested in the legal profession from an early age, he subsequently earn...

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