When you owe a debt, a court can order your employer to withhold part of your paycheck. It is known as wage garnishment. It can affect your budget and credit score, but there are ways to handle it.
The amount garnished is based on your disposable income. Depending on the type of debt, you may have some options to avoid wage garnishment or reduce its impact.
When debt becomes seriously overdue, the creditor may opt to involve a third-party debt collection agency. This agency can handle various types of debt, ranging from installment loans and credit card balances to child support and outstanding income taxes. Debt collection is done in various ways; including sending late notices and charging you interest on missed payments. It is typically one of the final steps in the debt collection process, and there are measures to prevent it from reaching that stage.
The debt collectors are not permitted to garnish your wages immediately upon taking on your credit account. They can only initiate wage garnishment after they have taken legal action by suing you for non-payment. They do this by getting a court order to garnish your wages or salary until you pay what you owe. Wage garnishment is the most aggressive method of debt collection, and it can impact your finances.
Following this, the collector will make repeated attempts to contact you, reminding you of the total debt owed. They may apply late fees, raise interest rates, and engage in persistent phone calls to get your attention. If the debt remains unpaid, these companies may proceed with a lawsuit against you. Only if the court judgment favors the creditor can the collector move forward with wage garnishment. Even then, most federal laws establish limitations on wage garnishment to ensure that the rights of the borrower are safeguarded.
The amount of your paycheck that can be garnished is based on “disposable income,” which is left over from your regular salary after legally required deductions are taken. It includes federal, state, and local taxes, the employee’s share of Social Security, Medicare, and state unemployment insurance tax, withholdings for employee retirement systems, and more. Deductions for voluntary wage assignments, union dues, health or life insurance, charitable donations, and purchases of savings bonds are not included in disposable earnings and thus cannot be garnished.
Even though a garnishment can hurt your credit score, it doesn’t affect your ability to repay debts in the long run. That’s because creditors only try to collect on debts that are in delinquency, and if you miss one or more payments, your credit will suffer. Once a debt defaults, it stays on your credit report for seven to 10 years. However, paying a debt in full can remove it from your credit report.
Wage garnishment takes a significant chunk of your paycheck each pay period. And since wages are taxable, it affects your tax bill as well. It can make it even more difficult to pay your tax debts.
Your income subject to garnishment depends on your disposable earnings, which are left after legally required deductions are taken from each paycheck. These deductions include federal, state, and local taxes, employee Social Security and Medicare contributions, and state unemployment insurance contributions. Other beliefs may be allowed by law, including those for voluntary wage assignments, union dues, health and life insurance premiums, savings bond purchases, donations to charitable causes, and payments to employers for payroll advances or purchases of merchandise.
It’s possible to challenge a court ruling that orders a garnishment by filing an exemption claim with the court. You’ll need to provide detailed financial documentation and strong evidence that the levy is causing undue hardship or that the tax debt was assessed incorrectly. It’s also possible to negotiate with the IRS to halt or reduce a levy by entering into an offer in compromise, which allows you to settle your tax debt for less than what is owed.
Wage garnishment happens when a creditor obtains a court order that allows them to withhold a portion of disposable income from your paycheck. The creditor could be a private loan originator, your employer, or the government (for unpaid taxes, debts, and court-ordered child or spousal support). Usually, you’re given several opportunities to work out a repayment plan with a creditor before wage garnishment is enacted. If those attempts fail, filing an objection can stop the process.
Fortunately, garnishment information doesn’t show up directly on your credit report. However, credit agencies are free to add any information related to your garnishment that they find in public records. As a result, lenders may see this information and decline to lend you money or approve credit cards.
Ultimately, the best way to avoid wage garnishment is to stay on top of your debt payments and seek financial advice from a trusted professional before you get behind. If you are in a situation where wage garnishment is imminent, try to work with collection agents to set up a payment plan and pay down the debt. If you cannot reach an agreement, filing for bankruptcy is one last resort that can help you restore your buying power and repair your credit. But remember, it can also hurt your credit even further, so this should only be considered if it’s necessary and you’ve exhausted all other options.
Creditors have the legal right to garnish wages or bank accounts for debt repayment. However, limits are set on the percentage of your income that can be garnished based on federal and state laws, how much you earn, whether you support another person, and more. Additionally, Social Security benefits are typically exempt from wage garnishment.
Wage garnishment typically occurs after a creditor sues you for nonpayment of debt and wins a judgment against you, such as if you owe back taxes, child or spousal support, or student loan debt. The creditor will then request a court order to withhold a certain percentage of your wages, which will continue until the debt, including any interest and court fees, is paid.
Wage garnishment can have far-reaching implications on your finances and credit score, and the damage may not be reversed even after the debt is paid. For that reason, it’s important to prevent debt from reaching default and to take proactive steps to improve your credit report and score, such as by paying bills on time and reducing outstanding debt balances.