Wage Garnishment

News & Analysis as of

How Bankruptcy Stops Arizona’s Wage Garnishment Law Dead in Its Tracks

Imagine losing a full quarter of your paycheck. Terrifying, right? That is what happens when wages are garnished in Arizona. After meeting with thousands of families over the last eleven years I have come to realize that...more

How Wage Garnishment Works in Arizona

While there is no good time to have your wages garnished it seems that many people get hit at the worst possible time. In Arizona once a creditor has sued you and has a judgment against you they can garnish up to 25% of each...more

Wage Garnishments—A Big Problem with Solutions on the Horizon

Today, much-needed attention is being paid to wage garnishments. National Public Radio (NPR) released a story concerning the increasing use of wage garnishments to collect debts. The NPR piece relies on a report also released...more

Employment Law 101: Child And Spousal Support

Who, What, Why . . . Who does it apply to - All Texas employers are required to respond to garnishment requests. ...more

OCC Issues Booklet On Wage Garnishment

On April 1, the OCC issued a booklet titled “Garnishment of Accounts Containing Federal Benefit Payments.” The booklet, a new addition to the Comptroller’s Handbook, includes interagency guidance and examination procedures...more

OCC Issues Garnishment Guidance

On April 1, the Office of the Comptroller of the Currency (OCC) issued the “Garnishment of Accounts Containing Federal Benefit Payments” booklet, which is new to the Comptroller’s Handbook. The booklet contains interagency...more

Michigan Employers May Soon Obtain Relief From Oppressive And Risky Wage Garnishments

An order for a wage garnishment is surprisingly complex to administer and very risky for employers. For instance, if an employer does not answer a garnishment within 14 days or do any other act required by the court, it is...more

Autopsy of a Debt Collection Lawsuit – How to Overturn a Default Judgment in Arizona

Autopsy of a Debt Collection LawsuitRecently I read an article that said nearly 98% of debt collection lawsuits ended up in a default judgment. A default judgment is entered with the person getting sued doesn’t respond to...more

Complying With Wage Garnishments in Texas—What You Need to Know

When you have tens of thousands of employees, it is very likely that your payroll and human resources (HR) departments receive wage garnishment orders for employees every week. Texas law is restrictive in this area, and it is...more

Tips for Garnishee Employers, Part Two: A Light at the End of the Tunnel? Relief From Your Woes May Be in Sight

In part one of this two-part series on garnishments, I discussed the consequences employers face if they mishandle garnishment orders. In part two, I address one of the hurdles that employers face when trying to comply with...more

Tips for Garnishee Employers, Part One: The Perils of Ignoring Garnishment Orders

Employers should never ignore and always strictly follow a garnishment. It is a court order directing the employer to perform a certain act. Therefore, employers should always answer the garnishment even when the person is...more

2013 Virginia Employment Law Pocket Guide

In this guide: - Employment At-Will - Right to Work - Employment of Children - Restrictive Covenants in Employment Contracts - Virginia Human Rights Act - Virginians with Disabilities...more

Consumer Attorneys Target Collection Agencies And Attorneys Over Garnishment Costs

Consumer attorneys in Michigan have recently filed a rash of class action lawsuits against collection agencies, their attorneys, and even creditors under the Fair Debt Collection Practices Act ("FDCPA") and Michigan law over...more

Don’t Ignore Your Midland Funding Lawsuit (No…Seriously…Don’t Ignore It)

I don’t know how much more I can take. Day in and day out I meet with people that have been sued by Midland Funding, Equable Ascent, LVNV, LLC, Portfolio Recovery – and a long list of the other debt buyers. And many – too...more

Know Wage Garnishment Law or Else!

Many employers aren’t aware that a failure to properly administer a garnishment of an employee’s wages can result in employer liability for a significant amount of money. In most states, an employer that makes even the...more

Wage Garnishments: Know Your Limits

In trying economic times, the employees of automotive companies and Next-Generation manufacturers, like those of other companies, face financial hardship. In some cases, this may translate into these companies facing higher...more

How to Stop Wage Garnishment Before Your Next Payday

Wage garnishment is never a good thing. But garnishments seem to always hit at the worst possible time. Your thoughts race – “how am I going to pay my bills? How am I going to buy groceries?” In Arizona creditors can...more

Can the Iowa Department of Revenue Really Garnish 100% of My Wages?

The short answer: YES. Iowa Code § 422.26 allows the Iowa Department of Revenue to obtain a lien over a taxpayer for any tax and penalties imposed for failure to properly pay taxes and to proceed to collect all such taxes and...more

5 Factors to Consider Before Filing Bankruptcy

Often when clients come in for a bankruptcy consultation they will tell me their situation and ask whether bankruptcy would be appropriate in their case....more

How to Use Bankruptcy to Stop a Wage Garnishment

Wage garnishment. If I were to guess what the number one thing that pushes people past the tipping point of thinking about filing bankruptcy to actually calling me up and moving things forward, I would say it is wage...more

Surprise! Where did this Judgment Come From?

Probably half a dozen times per week I meet with someone who has been notified that their next check is going to be a quite a bit lighter – wage garnishment. If you are living paycheck to paycheck finding out your wages are...more

Decisions, Decisions. Bankruptcy or Debt Settlement?

If you have read my blog at all you have likely read my mantra that “no body wants to file for bankruptcy”. Sometimes it is just flat out necessary. But how do you know if bankruptcy is the right choice?...more

When in Doubt, File a Motion: Trends Concerning Automatic Stay Violations

Bankruptcy filings in Virginia, and nationwide, declined significantly in 2012, and it appears the decline is continuing in 2013. However, thousands of cases continue to be filed, and it is important for practitioners to...more

Insolvency Legislative Update - February 2013

California enacted a number of pieces of legislation over the last year or so of great importance to insolvency professionals. These include bills impacting mortgage foreclosures, sales of tax-defaulted property, wage...more

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