No one wishes to experience wage garnishment, especially if the wage is insufficient to begin with. How do you deal with garnished wages without notification? Although your employer is not legally bound to notify you about a wage garnishment, you still have some rights concerning the same.
What is Wage Garnishment?
This is a legal process that involves the withholding of wages by an employer to settle a debt. Wage garnishment is also known as wage assignment. Sometimes, federal and state laws may restrict wage garnishment.
Is Notice for Wage Garnishment Required from An Employer?
My employer did not notify me of wage garnishment; did they break the law? Usually, employers are not legally required to inform you about wage garnishment. They are also not required to give you time to dispute the garnishment or the debt.
So, if you’re asking can a company garnish your wages without notice, the answer is yes.
In reality, the law requires an employer to respond to a wage garnishment order immediately after they receive it. Failure to do so may lead to fines according to state laws.
How to Stop Wage Garnishment
Before a creditor garnishes your wages, they first sue you and obtain a court judgment. The judgment indicates the amount you owe, including initial debt, fees, and interest.
Subsequently, the creditor uses the court order to ask your employer to use part of your wages to cover your debt. You can do the following to stop this process:
Filing a claim of exemption. This is done to reduce the wage garnishment considering your financial and personal situation. For instance, most states exempt the head of a household if they have dependents who require financial support, such as an elderly parent or a child.
Challenge the garnishment. You can challenge the order if the creditor did not follow the correct procedure or when more than the required amount is taken.
File bankruptcy. Although this may look like an extreme action, you can do it if you have a lot of debt. Filing for bankruptcy can stop the wage garnishment and get your debts dismissed. You can consult an attorney to assess if bankruptcy is a viable option.
In Closing:
If your employer does not notify you of a wage garnishment, know that companies can garnish your wages without notice. They do not need to inform you about wage garnishment.
