Helping You Get Peace Of Mind And Start Fresh Is Our Priority

How Does Wage Garnishment Work, And How Can I Make It Stop?

On Behalf of | Dec 12, 2017 | Creditor Harassment

There are many unpleasant consequences to owing a significant amount of debt. From dealing with constant harassment from creditors to facing threats of foreclosure, it can be both stressful and overwhelming for an Ohio consumer. This is especially true when you start losing part of your paycheck to wage garnishment.

While it may seem hard to believe, it is actually quite possible that a creditor can move to have a portion of your wages garnished to go toward the repayment of certain debts you owe. It may feel like an invasion of your personal life and a threat to your financial well-being — and it is. However, through bankruptcy, you have the power to make it stop.

Can they really take my paycheck?

In a word, yes. There are circumstances in which a creditor can take certain steps to have your employer withhold a portion of your paycheck. Wage garnishment is rather rare, and it typically only happens in situations in which a person is extremely behind with his or her payments. If this is happening to you, it can be helpful to understand the following about this process:

  • An employer can only withhold a certain amount of your paycheck.
  • The amount to be garnished depends on the details of your individual situation, such as the type and amount of debt you owe.
  • Your employer cannot fire you simply because your wages are being garnished.

In addition to knowing about the rights you have as an employee, it can be helpful to know that a creditor cannot simply contact your employer and start the garnishment process. There must first be a court hearing, which you have the right to attend. The creditor has the burden of proof, which means that there must be clear and substantial evidence that you are behind on certain debts.

How you can make it all stop

Many consumers carry debt, and you are not alone if your debt balances have spiraled out of control. You may not be able to manage your financial situation on your own, but you still have rights and certain options available to you.

You could find it prudent to seek a complete understanding of your legal options by reaching out for an evaluation of your case. By filing for either Chapter 7 or Chapter 13 bankruptcy, you can make all contact from creditors stop. This will also halt any pending collection efforts, including ongoing wage garnishment. Consumer bankruptcy could offer you the relief you need during this difficult time.