If you default on a debt, your creditors have the option of filing a lawsuit to collect the amount owed. A judgment in their favor gives them a variety of tools to enforce the judge’s order, including asset seizure and wage garnishment. While this situation can seem hopeless and overwhelming, you do still have rights that must be respected.

What Are Your Legal Rights When Facing Wage Garnishment?

1. You Must Receive Notification

Before garnishing your wages, most creditors will have to file a suit against you, which means you should be formally served. However, if you fail to respond in a timely manner or do not appear in court, the creditor will likely receive a default judgment, giving the ability to garnish your wages.

2. You May Challenge the Judgment

Unfortunately, creditors employ a variety of tactics to circumvent the notification requirements. For instance, they might claim they cannot locate you and “notify” you by placing an advertisement in a local newspaper. If you were never served, you might be able to contact the court and ask to have the judgment vacated.

3. You Can’t Be Terminated for a Single Garnishment

Under federal law, your employer cannot terminate you if your wages are being garnished for a single debt. However, if you’re subject to multiple garnishments, your employer is allowed to take action against you, up to and including termination.

4. The Garnishment Amount Is Limited

Regardless of how much you owe, employers might only garnish a limited percentage of your disposable income. In Ohio, a creditor may not garnish more than 25% of your income after necessary expenses, or the amount by which your earnings exceed 30 times the federal minimum wage.

If creditors are in the process of garnishing your wages, Harry B. Zornow will represent your interests and help identify all of your legal options. For over 30 years, this experienced bankruptcy attorney has been helping borrowers throughout Hamilton, OH, achieve financial security and a second chance at life. Follow him on Facebook for more bankruptcy tips, and call (513) 737-9770 or visit him online to schedule your free initial consultation.