What is Garnishment?

 

What is Garnishment

Garnishment is the legal term for taking money out of someone's wages before they have earned them. In the case of marijuana, garnishments occur when employers take money out of employees' paychecks without their consent.

 The first step in getting paid what you deserve is filing a claim with the Department of Labor (DOL). If you believe you've been underpaid, file a wage claim with DOL.

 You'll need to provide proof that you were working and how much you should have been paid.

 If you're not satisfied with the amount you received, you may want to consider hiring a lawyer who specializes in wage claims.

A good attorney will help you understand your rights and options.

Types of Garnishments

Child Support Garnishment

Student Loan Garnishment

Writ Garnishment

Wage Garnishment

Tax Levy

Chapter 7

Chapter 13

Child Support Garnishment 

Child Support Garnishment (CSG) is a legal process where a court orders a parent who owes money to pay their child's expenses.

 CSG is a way for the state to collect back-due child support payments. If you owe money to the government, then they may garnish your wages or bank account.

 The amount of money owed to the government is called arrears. You have 30 days after being notified about the arrears to file a written objection. 

After you file your objection, a hearing date will be set. At the hearing, you will be able to present evidence and witnesses to prove that you do not owe the government any money. 

Your attorney will also be able to speak on your behalf.

 If you fail to appear at the hearing, the judge will make a decision based on the evidence presented. 

If you lose, you could face fines, fees, and even jail time.

A writ of garnishment is a legal document issued by a court to enforce a judgment against a debtor's property. 

A writ of garnishment is issued by a court after a judgment creditor files a lawsuit against a debtor who owes money to the creditor. In some states, a writ of garnishment may be issued without filing a lawsuit.

 Garnishments are often used to collect debts owed to creditors, including judgments, taxes, child support payments, alimony, and medical bills. If a person fails to pay their debt, they could lose their home, car, bank account, or even their job.

Student Loan Garnishment

Student Loan Garnishment is the act of taking money out of your paycheck before you even get paid. 

Student loans are not taxed at the time they are taken out. However, once you start making payments, interest begins to accrue on the unpaid balance. 

If you have already started making payments, then the government takes their share of your income, called garnishment, and applies it towards paying off your remaining debt.

Writ Garnishment

 The writ of garnishment is filed with the clerk of the court where the underlying lawsuit was filed. After the writ is filed, the clerk sends notice to the debtor that he/she has been sued. 

The debtor then has 10 days to file a written answer to the complaint. If the debtor does not respond, the court will issue a summons ordering him/her to appear at a hearing. 

At the hearing, the judge will decide whether to grant the creditor’s request for a writ of garnishment.

 If the judge grants the writ, the court will order the sheriff to seize any wages, salary, commissions, dividends, interest, bonuses, or other income earned by the debtor. 

The court will also order the employer to withhold money from the debtor’s paycheck until the amount due under the judgment is paid.

 The court will also order the debtor to turn over any property owned by him/her that belongs to the creditor. This includes real estate, cars, boats, stocks, bonds, retirement accounts, insurance policies, and anything else that the debtor owns.

 If the debtor does not comply with the court’s order, the court will hold the debtor in contempt of court and jail him/her until he/she pays off the debt.

Wage Garnishment

Wage Garnishment is the act of taking money out of your paycheck before you have actually earned it. 

Wage garnishment is a legal practice that was designed to protect employers from having to pay wages owed to employees who were not working. 

In order to do this, the employer would withhold money from the employee's paycheck until they had been paid their full salary.

 However, this practice was never intended to be used as a way to take advantage of people. Instead, it was created to ensure that workers received their full salaries without being forced to work off the debt. Unfortunately, this system has evolved over time to become a tool that is often abused by creditors.

 In today's world, if you owe someone money, chances are they will try to get some of your earnings before you even earn them. If you are behind on rent, a creditor may threaten to have your wages garnished. If you are late on child support payments, a creditor may attempt to collect the amount due by withholding money from your paycheck.

 The problem with wage garnishment is that it takes money away from you before you've earned it. You don't get to decide whether or not you want to give your employer a portion of your income. Your employer gets to choose how much of your paycheck they want to keep.

 If you're struggling to make ends meet, it might seem like a good idea to let your employer keep a little bit extra each month. However, the reality is that this money is going towards paying back debts that you didn't incur. By giving your employer a cut of your paycheck, you are essentially handing over a portion of your future earnings to someone else.

 This isn't fair to you, nor is it fair to your employer. When you start getting behind on bills, it's understandable that you might feel tempted to ask your employer for help. However, this doesn't mean that you should hand over any portion of your paycheck to them. Instead, you need to find ways to deal with your financial problems while still making sure that you continue to provide for yourself and your family.

Tax Levy Garnishment

Tax levy garnishment is the act of taking money out of someone's paycheck before they have earned it. In order to do this, the government takes their tax refund and then applies it towards paying off debts owed to them. If you owe taxes to the IRS, they may try to take money out of your paychecks before you get it. You should know what this means for you.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy is a type of insolvency where a person declares personal bankruptcy under chapter 7 of the United States Bankruptcy Code. A petition commencing a case under chapter 7 of the Bankruptcy Code is called a chapter 7 bankruptcy filing.

Chapter 13 Bankruptcy 

 Chapter 13 bankruptcy is a type of financial restructuring under which the debtor pays back some or all of his debts over three to five years while continuing normal business activities. If the debtor does not complete payments under the plan, he may lose property, discharge debt, and/or have his wages garnished.

 Chapter 13 bankruptcy requires the debtor to file a petition and attend court hearings. There are two types of chapter 13 bankruptcies: repayment plans and wage earner plans.

 A repayment plan is a way for a consumer to repay his creditors at a set rate over a period of time. Repayment plans require a debtor to pay back money to his creditors according to a schedule set out in the court order.

 Wage earner plans allow a debtor to keep his job while repaying his creditors. Wage earners who cannot afford to make their regular monthly payments may use a wage earner plan.

 The difference between a repayment plan and a wage earner plan is that a repayment plan is voluntary, whereas a wage earner plan requires the debtor to seek court approval before starting the payment plan.

 In both cases, the debtor's income is taken into consideration when determining whether the debtor qualifies for a repayment plan or a wage earner plan, and how much the debtor should pay each month.

 If the debtor fails to meet the terms of the repayment plan or wage earner plan, the court may dismiss the case or convert the repayment plan or wage-earner plan to a repayment plan or wage earning plan, respectively.

 Chapter 13 bankruptcy filings are often used to stop foreclosure proceedings and protect a home from being sold at auction.

 Chapter 13 bankruptcy can be filed by individuals, businesses, farmers, and even governments.

 Chapter 13 bankruptcy provides a means for people to reorganize their finances by paying off their debts, instead of having their property seized and sold to pay off their debts.

 Chapter 13 bankruptcy discharges only certain kinds of debts. In general, a chapter 13 bankruptcy discharges any kind of unsecured debt except taxes, child support, alimony, student loans, and domestic support obligations.

 Chapter 13 bankruptcy also prevents a creditor from seizing a debtor's property until the debtor completes his or her plan.

 Chapter 13 bankruptcy allows a debtor to retain ownership of his or her primary residence if the debtor meets certain requirements.