What is Wage Garnishment and Can an Attorney Help Stop it in Columbus, Ohio?
Wage garnishment is an order requiring your employer to withhold a certain amount of money from your paycheck and send it to one of your creditors. Garnishments are limited to 25% of your disposable earnings for a particular pay period.
Reason for Wage Garnishment
Most wage garnishments are the result of a money judgment obtained in court due to a default on a consumer debt. Government agencies like the Internal Revenue Service and the Ohio Department of Taxation can also sue and get garnishment orders for unpaid tax debt.
Can Employee Be Terminated for Wage Garnishment?
It is illegal to fire an employee merely because they have a wage garnishment. There are federal laws in place to protect employees from termination due to wage garnishments. If you are terminated due to a garnishment, you ma needs to hire a lawyer to protect your rights against the company.
Income Exempted from Wage Garnishment
In Ohio, the following types of income are exempt from garnishment:
• Payments for personal injury protection benefits
• Child support
• Social Security Benefits
• Supplemental Security Income benefits
• Unemployment compensation benefits
• Federal railroad retirement benefits
How an Attorney Help in Stopping Wage Garnishment
The first thing that an employee should do when they receive a wage garnishment letter is to consult an experienced attorney. The law is complicated, and the garnishment process can be difficult to navigate without an attorney. The best way to avoid problems is to speak to an experienced attorney right away, who can advise you about any rights you may have against the creditor.
Reason for Calling a Wage Garnishment Attorney
There are several reasons for retaining a wage garnishment attorney. First, the attorney can ensure that the garnishment papers were properly filled out and served to the employer and the employee. Second, the attorney can evaluate the case for a possibly settlement based on any defenses that you may have to the judgment. Finally, the attorney can determine if a bankruptcy may be the best option to stop the garnishment.