Wage Garnishments

Chicago Wage Garnishment Defense Lawyer

Fight for Your Wages with a Seasoned Bankruptcy Attorney

Bills can stack up for even the best of us, and no matter how hard you try, you could fall behind in your payments. You might find yourself picking and choosing which bills to pay and which ones to ignore, hoping that a creditor doesn't come knocking on your door. Things could become much more difficult, however, if a creditor bypasses the unfriendly calls altogether and instead tries to use a practice known as wage garnishment.

When a judge orders your employer to withhold a certain portion of your paycheck until a specific debt or debts is paid off, this is called wage garnishment. If this seems like a form of exaction, that's because it is. If your paychecks are being subjected to wage garnishment and you're struggling to hold onto the necessities – food, water, clothing, etc. – you don't have to take it sitting down. With a Chicago bankruptcy attorney from Smith Ortiz, P.C., you can stand up for yourself and fight to keep the income you worked so hard to earn. Contact us today to start building a strong case.

Who Can Garnish My Wages?

Depending on the debts that you owe or your financial situation, different garnishment rules may vary from one example to another. Additionally, only so much of your paycheck can be taken for wage garnishments, typically maxing out at 25% after deductions. Still, there are several reasons why you might be seeing some of your income disappearing before you even get your paycheck, including:

  • Child support: If you are required to pay child support due to a court's decision but haven't been making payments, a creditor or your ex-spouse can request wage garnishment be used against your paychecks.
  • Student loans: One of the most common forms of wage garnishment, many young Americans suffer wage garnishment in order to pay off student loans. The effects of this practice can be financially damaging, spiraling the individual into worse and worse debt. Furthermore, no court order is required to enact it.
  • Back taxes: If you owe payments to the IRS, you can expect some of the harshest wage garnishment possible. No court orders are necessary – as they are an authoritative government body – and they can sometimes take a majority of your paychecks, not the standardized maximum.
  • Creditors with approval: Nearly any creditor can seek approval for wage garnishment from an appointed judge. This means you could see your wages being garnished for back payments on homes, cars, or other debts if the creditor's claim is approved.

Your Time to React is Short – You Need to Act Now!

In certain cases, you may have as little as five days to contest wage garnishment, and in many others, you're limited to just 30 days. It is imperative that you act as soon as possible and contact a Chicago bankruptcy lawyer from Smith Ortiz, P.C. right now. We have a full understanding of your rights as a consumer protected by the federal Fair Debt Collection Practices Act. Together, we can help you file an official objection, citing the reasons why your wage garnishment is excessive or unreasonable.

Will you need to file for bankruptcy soon? Is your career in jeopardy? Perhaps you've suffered from an expensive medical emergency? No matter why you are struggling with bill payments and wage garnishment, we want to help you.

Take advantage of our free case evaluation today and start towards greater financial stability.

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