A wage garnishment means that money is taken directly from your paycheck to pay a debt before you even receive your check. Wage garnishment usually happens to people who are struggling to pay their bills, and decreasing your amount of take-home pay will only make things more difficult.
For most debts, the creditor is required to file a lawsuit against you and obtain a judgment before your wages may be garnished. In order to collect from you on the judgment, the court may allow them to garnish your wages. For a few select types of debt, however, a wage garnishment can attach without any type of court action or even notice to you. If you owe the following types of debt, you may find your wages suddenly garnished:
- Court ordered child support (current payments)
- Child support arrears (overdue payments)
- Federal income taxes
- Student loans in default
Fortunately, both federal and Missouri laws set limits on the amount of your wages a creditor may garnish. For example, in one work week, your wages may be garnished up to the following limits, whichever is lesser:
- 10% of disposable income for the head of household
- 25% of disposable income for non-head of household
- The amount that your disposable earnings are more than 30 times the federal minimum wage of $7.25 per hour
This limit is intended to make sure you can still pay for your other living expenses after the garnishment. However, it is usually the case that the garnishment makes it nearly impossible to do so.
Contact a St. Louis Wage Garnishment Lawyer for help today
Wage garnishments can just add more stress for someone who is already struggling financially. An experienced Missouri attorney can assist you in making sure your wage garnishment complies with the law, reducing your wage garnishment, or even eliminating your wage garnishment completely. If you have had a wage garnishment attached to your paycheck, do not delay in contacting St. Louis lawyer Kenneth P. Carp knows how to help you regain control of your finances and can advise you of your options. Call today at 636-947-3600 for assistance.