Are you wondering what to do when your employer is over garnishing your salary? We spoke to ordinary people to get their tips on what to do when a business is garnishing too many wages.

Nobody likes their pay being withheld. Much less if one has a debt, in some ways it feels counterproductive. It is approved by federal law but it is a shame that all states do not provide the same amount of protection in case of over garnishment. Having to get a court hearing is painstaking.

It is easiest if you are in a state where the government offers more protection but that is wishful thinking. The best way to go about it is to talk it out with your creditors. Unless you have had too many garnishments for the same debt it should not be a problem. Getting a credit counsellor to do it for you also works.

If you are elderly or have a dependant, you can file for an exemption. When all else fails, file for bankruptcy. If this is happening in the infancy of your wage garnishments then hire a good attorney. File a case, it will take some time but for the time being the garnishing will be put at a halt.

Over garnish your wages

If your employer has started to over-garnish your wages, the first thing you should do is talk to them about it. Many times, employers will start garnishing wages without knowing that they’re doing anything wrong.

If you can have a conversation with your employer and let them know that they’re over-garnishing your wages, they may be able to correct the problem.

If your employer is unwilling or unable to stop garnishing your wages in a way that is beyond what is required by law, you may need to take legal action.

Understanding Over-Garnishment: Is Your Paycheck At Risk?

You can contact an attorney who specializes in wage and hour law, or you can file a complaint with the Department of Labor. If you decide to take legal action, make sure you have all of the documentation you need to prove that your employer has been over-garnishing your wages.

Don’t let your employer get away with over-garnishing your wages! If you think this is happening, take action and protect yourself. With a little bit of knowledge and some help from an attorney, you can make sure that your employer is following the law and that you’re getting paid what you deserve.

Wage garnishment can be a stressful and difficult process, but you don’t have to go through it alone.

Huge strain on your finances

Salary earners are usually expectant at the end of the month. However when you receive your payment and find out that it has been over-garnished you might feel sad and it could lead to anxiety, worry and depression.

This is because having your paycheck over-garnished by your employer could put a huge strain on your finances. Especially if you have only one source of income or if you have drafted your budget for the month.

Talking about it with your employer is a massive step in the positive direction. A healthy dialogue could fix this. Nevertheless, if your employer does not see eye to eye with you, you can file a dispute with the court and get a hearing date.

You might want to consider finding another employer that is humane and treats you respectfully.

When an employer is over garnishing my salary

Salary garnishing is ordered first from prosecution to someone who may owe you money, requiring them to file a response with the court regarding any money they may have in their ownership that “pertains” to you, such as deserved but unpaid wages or payments, and hold some quantity of it until further court orders.

You can therefore assume that your company will be aware of the wage garnishment. The person in your firm who has the legal right to sign the judicial response will also know, even if your direct supervisor doesn’t. If your business has a Human resources department, it will also be aware.

If more money than necessary is being deducted from your paychecks, for example, or if the creditor didn’t follow the proper procedures, you might be entitled to contest the wage garnishment. To confirm that you truly owe the amount, you need also to review the documentation that the courts or your company send you.

You may be able to stop the garnishment and have the debt forgiven if a creditor is attempting to collect on a debt that you do not owe, such as one that has been paid in full or was discharged in bankruptcy.

Bio: James Crawford, Co-founder of Deal Drop.

Filing a dispute

If your employer is over-garnishing your wages, you should challenge the judgment by filing a dispute.

This involves objecting to the garnishment in writing and requesting a hearing with the court.

The steps you will need to take to file a dispute depend on the type of debt your wages are being garnished for and the state laws where you live.

However, the process of objecting to the garnishment typically starts with preparing and filing the paperwork.

Your garnishment papers should include instructions for how to begin preparing the paperwork to challenge the judgment.

If they don’t, you will need to contact the court that provided you with your garnishment document.

Caleb Reed, Founder, TheDollarBudget.com

Filing your taxes

You might be able to get back earnings that were taken from you in the past by declaring bankruptcy and doing so under particular circumstances.

Wages that were garnished less than ninety days before you filed your taxes and totalled more than six hundred dollars may be refunded to you if you qualify for greater exemptions than the amount of money that was garnished.

However, if you are thinking about taking this course of action, you need to do the arithmetic to determine whether or not it will be the most cost-effective course of action for you to follow, taking into consideration any additional legal expenses that you may be required to pay.

Protect Your Income: Steps to Take When Your Employer Over-Garnishes

Employees who are currently going through wage garnishment processes have rights afforded to them by both state and federal statutes. It’s possible that your employer will believe that terminating your job is the more convenient alternative since they view wage garnishment orders as a nuisance.

That is in direct violation of the law. If you are facing only one pay garnishment issue, federal law prohibits your employer from terminating your employment. On the other hand, if you are subject to more than one order to have wages garnished, you run the risk of being discharged.

Michael Dadashi, CEO of the Infinite Recovery

The employer is over garnishing wages

The majority of creditors would rather avoid having to go through a drawn-out legal process in order to collect the money that is owed to them.

Creditors would much prefer to begin collecting payments straight away, regardless of how modest they may be. When you are in this position, you are in the best possible position to negotiate a payment plan or to obtain a lesser lump-sum payment in exchange for the complete cancellation of your debt.

Be courteous, tell the truth, and use reason to discuss the situation with them so that you may both arrive at a solution that everyone can accept.

William Kemper, owner of Kemper DMD

Understanding wage garnishment standards

Before they have a court order in hand, creditors often lack the legal authority to garnish a debtor’s wages. This indicates that a creditor will have to file a lawsuit against you in order to collect their debt out of your paycheck, and they will have to go through the judicial system to do it.

There are only limited circumstances in which a garnishment may be carried out even in the absence of a prior order from the court. Unpaid federal income taxes, back owed child support, and outstanding school loans are examples of these types of debts.

Navigating Excessive Wage Garnishments: Know Your Rights

Depending on the amount you owe and the number of bills you’ve amassed, resolving the debt with your creditor can prevent wage garnishment. You can phone the creditor and/or write to them to discuss a payment plan, or you can discuss a smaller lump sum payment in exchange.

For instance, if you owe $1,500, you can negotiate a settlement with the creditor by paying only 25% of the balance. Very frequently, creditors are prepared to negotiate with you and are open to a reasonable payment plan or lump sum payoff in exchange for a portion of their money.

Fahad Jamal, Marketing Manager at VirtoCommerce, https://virtocommerce.com/

Submit An Exemption Claim

Depending on your personal and financial circumstances, you may be able to file a claim of exemption and have the salary garnishment halted or reduced. Some jurisdictions provide a head of household exemption for those who are in debt but also support a spouse, child, or parent who cannot work.

Credit counselling services are available for free and may be able to help you reach an agreement with your creditors. Your creditor and the court system may be replaced by a more reasonable payment plan overseen by the counselling agency.

Although declaring bankruptcy is a drastic measure to take when you’re drowning in debt, it may be your only alternative. Filing for bankruptcy may immediately stop the wage garnishment and result in the discharge of the underlying debts. Consult an experienced lawyer to find out if bankruptcy is a viable choice for you.

Lulu Albanna, Co-Founder of WRC Media

Fight back against the garnishment

If your creditor is taking too much money out of your paychecks without a court order, or if they haven’t followed the proper procedures, you may be entitled to file a challenge to the wage garnishment.

Also, make sure that you go over the paperwork that the courts or your company send you to make sure that you are the one who is responsible for the debt.

If a creditor is attempting to collect a debt from you that you do not owe, such as a debt that you have already paid off or one that was discharged in bankruptcy, this may be sufficient cause to stop the garnishment and clear the obligation.

Dean Lee – Head of Marketing at Sealions

An employer is over garnishing money and salary

Whether you choose to call it debt consolidation or refinancing, the process entails getting a new loan to pay off your old ones. If you are so far behind on your payments that a portion of your earnings is being garnished, it is going to be very difficult for you to qualify for a new loan of any kind.

Having said that, it is not impossible. You might be able to obtain a secured loan, such as a loan against the equity in your home or a line of credit against the equity in your home.

If you are unable to repay the debt, you run the possibility of losing your house; but, if you use the cash to pay off your creditors, it is possible that the garnishment will be stopped. This is not necessarily the best alternative.

Gary Hunter,
Director of CompareGolfPrices.

The creditor didn’t follow the proper procedures

If more money than necessary is being deducted from your paychecks, for example, or if the creditor didn’t follow the proper procedures, you might be entitled to contest the wage garnishment.

In order to confirm that you truly owe the amount, you need also to review the documentation that the courts or your company send you.

You may be able to stop the garnishment and have the debt erased if a creditor is attempting to collect on a debt that you do not owe, such as one that has been paid in full or was discharged in bankruptcy.

Protect Your Income: Steps to Take When Your Employer Over-Garnishes

In order to pay off your previous loans, debt consolidation or refinancing entails taking out a new loan. If you’ve become behind on your payments to the point that your wages are being garnished, it will be challenging to be approved for a new loan. But it might be doable.

A secured loan, such as a home equity loan or home equity line of credit, may be available to you. Although using the money to pay off your creditors could stop the garnishment, this isn’t always the wisest course of action because you risk losing your house if you can’t repay the obligation.

Negotiating with the creditor

Try to negotiate with the creditor and file an exemption claim
You can try to negotiate with the creditor who wants to deduct money from your paycheck. In comparison to the amount that would be deducted from your salary, you might be able to negotiate a lower monthly payment.

Alternatively, you might be able to arrange a debt settlement and pay off the amount in full with one single sum.

Depending on your financial and personal condition, you might be able to submit a claim of exemption and have the salary garnishment stopped or reduced.

For instance, many governments grant a head of household exemption to creditors who provide financial support for a dependent (such as a kid or elderly parent).

Lulu Albanna, Co-Founder – WRC Media, wealthyrichceleb.com

The employer is over garnishing

What to do if your employer is over-garnishing your pay
If your employer is taking money out of your pay and you’re having trouble making ends meet, there are things you can do.

Try talking to your boss first. Tell them that the garnishment is moving too fast and making it hard for you to pay your bills. Ask if the amount they take out of your paycheck each week or month can be changed. They may be able to help.

If that doesn’t help, talk to an attorney. They can help you come up with a plan to stop or lessen the garnishment.

Keep in mind that you have other options if your employer doesn’t help or won’t do anything about it. Through an income-driven repayment plan, you may be able to ask for a change or get help with your federal student loans.

Klara Dumancic, Marketing Specialist, Investors Club

Read more articles to learn more about employment laws.

When your employer is over-garnishing your pay

RELATED POSTS