San Marcos Wage Garnishment Attorney
If you are being garnished by a creditor, you may feel like there is nothing you can do. However, there are a number of options available to you, and an experienced wage garnishment lawyer in San Marcos can help you explore your options.
If your wages are being garnished, it is never too early to seek professional legal assistance. We can help you develop a plan to stop the garnishment and protect your assets.
What Is Wage Garnishment?
A wage garnishment is a legal process in which a creditor is legally permitted to deduct money from a debtor's paycheck. Wage garnishments are commonly used to collect on a judgment or a court order. If you have been garnished, you should be aware that it is not always your fault.
What Portion of My Salary Is Eligible for Wage Garnishment?
Creditors can't garnish more than your total debt, inclusive of fees and interest. Specific limits apply to the portion of your paycheck that can be garnished. The calculation begins with your disposable income, factoring in deductions like taxes and insurance.
The garnishment is then limited to whichever amount is lower:
- 25% of your disposable earnings weekly.
- 50% of the surplus of your weekly earnings over 40 times the local minimum wage.
What Can You Do if You Are Being Garnished?
If you are being garnished, you may feel like there is nothing you can do. However, there are a number of options available to you, and an experienced San Marcos wage garnishment attorney can help you explore your options.
Some of the options you have are:
- Negotiate with Creditors: Contact your creditors to discuss payment arrangements or debt settlements. Many creditors are willing to work with debtors to avoid the expense and hassle of garnishment.
- File for Bankruptcy: Filing, triggers an automatic stay that halts most wage garnishments immediately. This can provide time to reorganize your finances and address the underlying debt.
- Seek Legal Exemptions: Some forms of income, such as Social Security or certain pensions, are exempt from garnishment. Consult a wage garnishment attorney to determine if any exemptions apply to your situation.
- Dispute the Debt: If the debt is not valid or if you believe the garnishment is in error, you can dispute it. This may involve providing evidence or working through a legal process.
- Consolidate or Settle Debt: Exploring debt consolidation or debt settlement options can help address the underlying debt issue, potentially making garnishment unnecessary.
Schedule a free consultation with our San Marcos bankruptcy attorney today by contacting us online or calling (760) 444-4262.