West Virginia Wage Garnishment Lawyer
It is challenging enough to struggle to earn enough money to pay off your bills while constantly being harassed by debt collectors. Most people with excessive debt already reserve a meager budget for themselves. Typically, every extra dollar goes toward paying off debt.
When a debt collector threatens to garnish a person’s salary, the level of dread is enormous and instantaneous. You and your family need the money you set aside for yourselves. You cannot survive on less.
If wage garnishment has been threatened, it is time to engage the debt collectors in combat. Conversation with one of our highly skilled attorneys at Thomas E. McIntire & Associates, L.C. can facilitate comprehension:
- Your legal rights.
- What the wage garnishment procedure comprises.
- How you can combat pay garnishment.
Why Do I Need a Wage Garnishment Attorney in Wheeling, West Virginia?
If you are being garnished for your wages in West Virginia, it is critical to quicken the garnishment process using the help of a professional wage garnishment law firm. Wage garnishment is when there is a court order for your employer to withhold a certain amount of your wages for a creditor or loan service.
This applies whether you perform a full-time or part-time job, sometimes even small stipends from government benefits. In some cases, if you are unaware of the garnishment, an employer will send the funds to the creditor without your knowledge.
However, you can quickly stop this by calling a wage garnishment lawyer in Wheeling. The lawyers at Thomas E. McIntire & Associates, L.C. will help you every step of the way. You will get notification of the garnishment and actions that can be taken to stop the garnishment process.
What Exactly is Wage Garnishment?
Creditors can legitimately remove a portion of an employee’s income through a process known as wage garnishment in order to satisfy an outstanding debt. Before they may garnish your wages for the vast majority of types of debt, creditors must first obtain an injunction from the court. There are a few exceptions to this rule, including debt owed to the Internal Revenue Service (IRS), student loans, and child support, amongst other sorts of debt.
The procedures, restrictions, and safeguards afforded to employees in West Virginia under wage garnishment are governed by state and federal statutes. Wage garnishment falls within the federal Consumer Credit Protection Act (CCPA) jurisdiction. However, the majority of these restrictions are governed by the laws of the state, such as the West Virginia Civil Procedure legislation and the West Virginia Consumer Credit and Protection Act.
Certain debts for which the creditor may garnish your pay without filing a lawsuit. These bills include past-due child support, student loans, and income taxes.
If a creditor receives a garnishment order, West Virginia law regulates the maximum amount that can be deducted from each paycheck. Creditors are limited by the law to the lesser of:
- Percent of your weekly disposable earnings; or
- The amount by which your weekly disposable income exceeds 30 times the federal minimum wage.
The law defines disposable earnings as the amount of income remaining after taxes and other deductions have been deducted. Although these limits are designed to guarantee that you have sufficient money to cover your living expenditures, they do not apply to income taxes, child support, or student loan debts. As a result, creditors may deduct a larger portion of your income to pay these obligations.
What Percentage of Your Wages Can Be Garnished?
In accordance with federal law, judgment creditors may garnish 25% of your disposable earnings (what’s left after mandatory deductions) or the amount by which your weekly wages exceed 30 times the federal minimum wage, whichever is less.
Some states limit the percentage of a person’s wages that can be garnished. More of your income can be withheld for child support. If you are currently supporting a spouse or kid who is not the subject of the order, up to fifty percent of your disposable income may be garnished to pay child support.
If you are not supporting a spouse or child, as much as 60% of your income may be confiscated. If you are more than 12 weeks behind on payments, an extra 5% may be deducted. If you are in default on a federal student loan, the U.S. Department of Education or any entity attempting to collect the loan on its behalf can garnish up to 15 percent of your wages.
The amount you get to keep if you are subject to a federal tax garnishment depends on the number of dependents you have and your standard deduction amount. State and municipal tax authorities have the authority to withhold a portion of your wages; normally, state law limits the amount that can be withheld.
Who Has the Authority to Garnish my Wages in West Virginia?
In West Virginia, creditors, debt purchasers, debt collectors, and landlords with a court judgment can garnish wages. The Internal Revenue Service can garnish your income and bank account for unpaid taxes, and the U.S. Department of Education can garnish your pay for federal student loans, but neither agency requires a court order. They utilize a unique administrative procedure.
Alimony and child support arrears are likewise subject to a unique administrative procedure.
Wage Garnishment Exemptions
Exemptions from wage garnishment are a type of pay protection that prohibits the garnishing creditor from seizing specific types of income or more than a specified amount of your earnings. The notion is that citizens should be allowed to shield a portion of their income from creditors in order to pay for essentials. Each state has a variety of exemption rules that can be utilized to safeguard your pay. Depending on your circumstances, you may be able to secure your income in whole or in part.
Despite exceptions, certain sources of income are wholly exempt from taxation. In general, normal creditors cannot garnish the following forms of income:
– Social Security benefits
– Diisability benefits
– Retirement benefits
– Child support and
– Alimony
However, wages are virtually always liable to garnishment unless you qualify for an exemption. Debtors with a lower income may be permitted to keep all of their salaries. There will undoubtedly be a loss of income for those with higher incomes.
Call our Wage Garnishment Attorneys Now!
You can trust in the representation that is offered at Thomas E. McIntire & Associates, L.C. We provide personal attention to each individual we serve. Every client works directly with our founding bankruptcy attorney Thomas E. McIntire, no matter what the case involves.
We work toward a personalized resolution for each client regarding any type of debt that he or she is seeking to eliminate. Clients with overwhelming credit card debt or other types of debt should not handle their situations on their own. If you need assistance suing debt collectors for illegal actions taken against you, we can help!
