How To Find Out Who Is Garnishing My Wages
Wage garnishment is a legal procedure in which a person’s earnings are required by court order to be withheld by an employer for the payment of a debt such as child support. It is crucial to know your wage garnishment balance before considering bankruptcy as an option. Here’s how you can check your wage garnishment balance:
Contact Your Employer
Your employer is legally obligated to inform you of any wage garnishments. Reach out to your HR department or payroll representative and ask for details on the amount being garnished from your wages.
Check Court Documents
If you’ve received court documents related to your wage garnishment, they should include the amount being garnished. Review these documents to get an idea of your current balance.
Check with the Creditor
Contact the creditor who initiated the wage garnishment and ask for details on the balance owed. They should be able to provide you with the current balance.
Check Your Credit Report
Your credit report may also include information on wage garnishments. Review your report to see if there are any outstanding balances.
Consult with a Bankruptcy Attorney
A bankruptcy attorney can help you determine your wage garnishment balance and advise you on the best course of action. They can also help you navigate the bankruptcy process and protect your assets.
Knowing your wage garnishment balance is crucial when considering bankruptcy. By following these steps, you can get a clear picture of your financial situation and make informed decisions about your future.
If you’re struggling with wage garnishment and considering bankruptcy, contact Law Office of Seni Popat, P.C. Our experienced bankruptcy attorneys can help you understand your options and guide you through the process. Don’t let wage garnishment hold you back – take control of your finances today. To Get In Touch With Our Wage Garnishment Attorney In Queens, Call (718) 340-3385 Or Fill Out Our Online Contact Form Today.
Understanding Wage Garnishment
A wage garnishment requires employers to withhold and transmit a portion of an employee’s wages until the balance on the order is paid in full or the order is released by the issuing authority. There are different types of wage garnishments, including earnings withholding orders (EWO) and earnings withholding orders for taxes (EWOT).
Types of Wage Garnishment
Wage garnishments can include child support, creditor garnishments, bankruptcy, student loans, tax levies, and voluntary wage assignments. Each type of garnishment has specific rules and procedures that employers must follow.
Obligations for Employers
Employers must understand the specific obligations for each type of garnishment in every state where they do business. They need to stay current with legislative changes, ensure timely and accurate payments, and respond to courts and agencies on time and in the proper format. Failure to comply with these obligations can prove costly.
How Does Wage Garnishment Work?
When employers receive a garnishment order, they typically withhold a percentage of an employee’s compensation or a fixed dollar amount. This procedure can be highly complex because each garnishment has its own set of rules for implementation and reporting.
When to Start Garnishing Employee Wages
Employers generally must begin garnishing wages as soon as they receive an order to do so from a court or agency. Employees can contest the garnishment, but employers must continue to comply with the original order until they receive further instructions.
Frequently Asked Questions
What can I do if I don’t think the debt can be collected?
Within fifteen (15) days of the date on the Notice of Wage Garnishment, you may contest the Notice of Wage Garnishment. You have the burden of proving that your debt cannot be collected. To contest a Notice of Wage Garnishment, you must make a written request for an administrative hearing before an administrative law judge in the DWD Appeals Division not later than fifteen (15) days after the date on the Notice of Wage Garnishment.
Doesn’t DWD need my permission to garnish my wages?
No. Indiana Code § 22-4-13.3 authorizes DWD to institute garnishment proceedings against debtors who owe DWD overpayments due to fraud or failure to report earnings.
What if I have a repayment agreement with DWD?
If you have a repayment agreement with DWD and you have not received a broken agreement letter, missed a payment, or made a payment for less than the amount required in your agreement, you should continue to make your payments on schedule. If you entered into a repayment agreement with DWD and you missed a payment, stopped making payments, or made payments in amounts less than what is required by your repayment agreement, you have broken your repayment agreement and DWD may refer your debt for wage garnishment and other collection actions.
When will DWD stop garnishing my wages?
DWD will stop garnishing your wages when all of your debts that are eligible for the wage garnishment process are paid in full. Debts due to fraud and failure to report earnings are eligible for wage garnishment under Indiana Code § 22-4-13.3.
Can my employer retaliate against me for having a wage garnishment order?
No. Your employer is prohibited from using a Wage Garnishment Order as a basis for refusing to hire you, discharging you, or taking disciplinary action against you. If you reasonably believe that your employer took an adverse action against you based upon the Wage Garnishment Order or the income withholding process, you may file a lawsuit against the employer in a court with jurisdiction.
What are the obligations for employers?
Employers need to understand the specific obligations for each type of garnishment in every state where they do business and, often, in every state where they have employees. They must also stay current with legislative changes, ensure timely and accurate payments, and respond to courts and agencies on time and in the proper format. Failure to comply with these obligations can prove costly. Employers may be liable for as much as the employee’s entire judgment, plus fines, interest and attorney fees.