Debt > Frequently Asked Questions About Debt Collection > Wage Garnishments |
Can a Creditor Garnish My Wages? Whether a creditor can or cannot garnish your wages is governed by the laws in your state. Each state has enacted laws setting forth which property is protected from creditors and which property can be seized by creditors. A few states do not allow any wage garnishment whatsoever, but even those states that do regulate how much can be garnished from a person's wages in order to allow that person to have something left over to live on, although most people have a hard time living on what is left over after their wages are garnished. There is also federal legislation regulating wage garnishments. Your particular state might follow the federal guidelines. Note that wage garnishment laws do not usually apply when you owe money to the state or federal government. Therefore, even if you live in a state that prohibits wage garnishments, such as Texas, you can have your wages garnished to repay a student loan or child support. In fact, almost all states vigorously pursue money owed to them or to pay child support. Credit card companies, hospitals, debt collectors and others will also seek a wage garnishment to recover debt provided that it is legal for them to do so in the state where the debtor resides and the debt is sufficient enough to warrant a wage garnishment. Check the laws in your state regarding wage garnishments. A good way to avoid most wage garnishments (except those regarding student loans and child support) is to file bankruptcy. Filing Chapter 7 bankruptcy will immediately stop a wage garnishment in progress and cancel out any existing wage garnishments, provided that the court allows that debt to be discharged. Our bankruptcy kit lists all the income, property and personal assets that are exempt in bankruptcy for all 50 states and D.C. and the federal property exemptions as well. See also: |
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Can a Creditor Garnish My Wages? Whether a creditor can or cannot garnish your wages is governed by the laws in your state. Each state has enacted laws setting forth which property is protected from creditors and which property can be seized by creditors. A few states do not allow any wage garnishment whatsoever, but even those states that do regulate how much can be garnished from a person's wages in order to allow that person to have something left over to live on, although most people have a hard time living on what is left over after their wages are garnished. There is also federal legislation regulating wage garnishments. Your particular state might follow the federal guidelines. Note that wage garnishment laws do not usually apply when you owe money to the state or federal government. Therefore, even if you live in a state that prohibits wage garnishments, such as Texas, you can have your wages garnished to repay a student loan or child support. In fact, almost all states vigorously pursue money owed to them or to pay child support. Credit card companies, hospitals, debt collectors and others will also seek a wage garnishment to recover debt provided that it is legal for them to do so in the state where the debtor resides and the debt is sufficient enough to warrant a wage garnishment. Check the laws in your state regarding wage garnishments. A good way to avoid most wage garnishments (except those regarding student loans and child support) is to file bankruptcy. Filing Chapter 7 bankruptcy will immediately stop a wage garnishment in progress and cancel out any existing wage garnishments, provided that the court allows that debt to be discharged. Our bankruptcy kit lists all the income, property and personal assets that are exempt in bankruptcy for all 50 states and D.C. and the federal property exemptions as well. See also: |
Debt > Frequently Asked Questions About Debt Collection > Wage Garnishments |
