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Garnishing Wages Without Permission? Why You Need a Defense Lawyer
If your wages are being garnished to pay off a debt you owe, it’s fair to wonder whether you should hire an attorney. Generally speaking, wage garnishment is not a situation in which you should represent yourself. There are certain factors you should consider.
Types of Wage Garnishments
There are two different types of wage garnishments. They include the following:
- Garnishments related to paying off judgments: If you have a judgment against you from the court, your wages could be garnished to pay back that judgment. If you owe credit card debt and the creditor requests from the court that your wages be garnished, the court may then order your employer to pay a portion of your salary to the creditor to pay back that debt.
- Administrative wage garnishments: In some cases, a creditor will not get a judgment to garnish your wages to pay off your debt. Examples of this type of garnishment are back taxes, spousal support and child support.
Options When You Face Wage Garnishment
You may wonder if there’s any way to stop wage garnishment. Needless to say, although you will lose money, you may simply allow the garnishment to happen until your debt is fully repaid.
But, you can also challenge it or the amount on your own with the help of a lawyer. If you know you don’t owe the debt being claimed, you should hire an attorney. Proving you don’t owe after a garnishment has officially begun can be complex, which is why you need the expertise of a lawyer. And, even if you do owe the debt, you may still have defenses to the underlying garnishment proceedings. For example, certain debts or collection actions are subject to a six-year statute of limitations. If a debt collector files a lawsuit against you outside the statute of limitation and somehow obtains a default judgment, there will be a court order that you have to pay the debt. Unless this court order or judgment is vacated, the debt collector can use it to garnish your wages and bank accounts. However, even though you may otherwise believe that you owe the underlying debt, because the collection lawsuit was filed outside of the statute of limitations, the resulting judgment may be vacated, which would result in the discontinuance of any garnishment proceedings. This is just example.
Along those same lines, if you do owe the debt, but the creditor is taking more than the creditor is due, you should certainly hire an attorney. In general, creditors are only allowed to take up to a certain percentage of your wages.
If you are in the Mountlake Terrace area and have concerns about wage garnishment, you need assistance from a Mountlake Terrace consumer litigation lawyer. The Law Office of Boris Davidovskiy is there to protect your interests. Contact the Law Office of Boris Davidovskiy at your earliest convenience to discuss your situation with a Mountlake Terrace consumer litigation lawyer.