
Whether this is a risk for you is determined by where you live. In some states, wage garnishment is not allowed. In others, it is easy to set up and quite common. Wage garnishment can be particularly unpleasant since it not only cuts down on your income, but it also involves your employer. Garnishment is a hassle for your employer, and the fact that your wages are being garnished can put you in an awkward situation with your boss.
To find out if your wages can or will be garnished contact a Las Vegas Bankruptcy lawyer at Aaron & Paternoster. Call (702) 384-4111 for free consultation.
Creditors who sue you can get a court order allowing them to garnish your wages. In most cases, only a certain percentage of your pay can be garnished by regular creditors. However, when school loans are involved, creditors don’t even need a court order to garnish your wages. You can fight these kinds of wage garnishment, but the rules and options vary. Here, you really need to get help from your attorney.
Garnishment is dangerous when the IRS is involved. To collect income tax payments that are overdue, the IRS has many collection powers that other creditors don’t have, including an extraordinary ability to garnish your paycheck, even in states that don’t allow garnishment for ordinary depts. A small portion of your pay is exempt from garnishment (based on your standard deduction and exemptions, divided by fifty-two), as are various government benefit payments like unemployment and disability benefits. Beyond that, the IRS can take the rest of your paycheck toward the taxes you owe, often leaving you without enough money to live on. I’ve seen reports where a single person might be left with something like $150 a week, while a family of three might find themselves trying to survive on less than $350 a week.
Creditors like the IRS and those that lent you money for school loans can also garnish, or intercept, your tax refunds. Like wage garnishment, there are ways to fight tax intercepts. Talk to an attorney or a certified public accountant to find out what your options are.