Wage Garnishments Attorney in DeSoto, Texas 

If you are struggling to pay your debts, wage garnishments can make your financial situation even worse than it already is. The wage garnishment attorney at Hunt Law Firm understands that having money taken directly from your paycheck can make your life miserable. Some people may not have enough money to cover basic living expenses.  

If this sounds like your situation, you need to understand your legal rights. Attorney Gwendolyn E. Hunt offers effective solutions to clients who face wage garnishments in DeSoto, Dallas, and Fort Worth, Texas. She helps clients stop wage garnishments by fighting garnishment orders, negotiating payment plans, and filing for bankruptcy. 

Understanding Wage Garnishment 

Wage garnishment refers to the legal process of forcibly taking a portion of a person’s paycheck to repay their debt. Basically, wage garnishment is a court order that requires a debtor’s employer to withhold a specific amount from their earnings for the payment of a debt. Courts recognize two types of garnishments:  

• Wage garnishments require the debtor’s employer to withhold a specific portion of their earnings; and  

• Non-wage garnishments refer to the garnishments of the debtor’s property other than their personal earnings.  

Not all debts are eligible for wage garnishments. Some of the most common sources of wage garnishments include child support and/or alimony payments, back taxes, and defaulted student loans. Typically, a person’s wages will be garnished until their debt is resolved or paid off. 

How Much Can Be Garnished? 

If you are facing wage garnishment, you may wonder how much can be garnished. The amount of earnings that can be withheld from a paycheck is subject to federal limits. Federal law prohibits garnishing more than 50% of a person’s disposable earnings to pay child support or alimony if that person is supporting another spouse or child, according to the U.S. Department of Labor. The limit for individuals who are not supporting a spouse or child is 60%.  

For other types of debt, the law prohibits taking more than 25% of a person’s disposable income or any amount greater than 30 times the minimum wage under federal law, whichever is less. It is always best to stop wage garnishments whenever possible. If a creditor is threatening to use wage garnishments to recover your debt, it is vital to take proactive steps by contacting a lawyer before it is too late.   

Laws Addressing Wage Garnishment 

There are several laws that address wage garnishments and protect debtors’ rights when a court orders to withhold earnings to pay a financial obligation. These laws include:  

• Title III of the CCPA. Under Title III of the Consumer Credit Protection Act, a worker cannot be fired by their employer if their earnings are garnished for only one debt. The act also limits how much can be garnished to repay debt. Title III of the CCPA applies to all individuals who get paid for personal services and covers not only wages but also bonuses, salaries, commissions, and certain periodic payments.  

• Texas state laws. State law in Texas does not allow wage garnishments to pay ordinary debts or debt judgments. Texas is one of few states in the U.S. prohibiting wage garnishments for consumer debts and non-governmental obligations. However, your wages may still be garnished to pay alimony, child support, federal student loans, and federal debts.    

Wage garnishments involve a number of state-specific requirements, which is why it is essential to seek legal counsel from a proficient wage garnishment attorney in Texas if you are being threatened with a debt collection lawsuit. 

How to Stop Wage Garnishment 

You have limited options to stop wage garnishment in Texas. Some of the options for stopping a wage garnishment include: 

1. Paying the amount you owe through a lump-sum payment 

2. Negotiating a payment plan with your creditor 

3. Fighting the garnishment by challenging the judgment against you 

4. Filing for bankruptcy to wipe out your debts 

Depending on the facts of your case, filing for bankruptcy may be the best option to stop wage garnishment. A bankruptcy filing stops wage garnishments immediately. It may also be possible to reclaim the amount of money that was withheld from your paycheck up to 90 days before the filing date.  

For many people who face wage garnishments, filing for bankruptcy can give them a chance to get their finances back on track. However, since certain debts cannot be discharged through bankruptcy (child support, alimony, unpaid taxes, and others), filing for bankruptcy may only provide temporary relief.  

If you are not sure about what you should do to stop a wage garnishment, speak with a practiced wage garnishment attorney in DeSoto, Texas, to explore your debt relief options and determine what strategy would work best for you.