Wage Garnishment

If you are currently employed in Knoxville and your paycheck is being garnished or about to be then we help.

How to Stop Wage Garnishment

How You Can Stop Wage Garnishment

If your wages are being garnished, or you if you feel they soon will be, filing for Chapter 7 or Chapter 13 bankruptcy will stop the garnishment in most cases as it is considered a collection action. This happens because bankruptcy's automatic stay prohibits most creditors from continuing with collection actions during your case; therefore; stopping your wages from being garnished.

Wage Garnishment

What is Wage Garnishment?

A wage garnishment is an order from Judge that allows a creditor to take money out of your paycheck before you get it. The creditor must sue you and have a judge agree that you owe them money.  After that, a wage garnishment can be issued to your employer to withhold a percentage of your wages and send them to the creditor.

There are limits to how much can be garnished from your paycheck each pay period according to Tennessee Law. The State of Tennessee has a formula for calculating the amount of wages that can be garnished. Creditors can garnish up to 25% of your wages every pay period in the State of Tennessee defined by State Statute Code Ann. § 26-2-106(a) 

https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2019/op19-10.pdf

Tennessee Wage Garnishment Law

Most creditors cannot get a garnishment order until they have first obtained the right to legally take your wages and property, through a judgement. After this, There are a few exceptions to this rule and they are:

  • defaulted student loans
  • child support arrears;
  • court ordered alimony
  • unpaid income taxes

Tennessee’s wage garnishment law limit protects a portion of wages equal to what federal laws protect plus an additional amount if there are minor children being supported by this individual in question (see Tenn Code Ann 26-2-106).

How Does Chapter 7 or 13 Stop Wage Garnishment?

Filing for bankruptcy stops all creditors from collecting debts. Because a garnishment is a form of collecting a debt, filing for bankruptcy stops the garnishment. Both Chapter 7 and Chapter 13 Bankruptcy act exactly the same in regards to stopping the garnishment. 

Is Wage Garnishment Legal?

It is very common for people to think that wage garnishment is illegal, but it’s not. The process can happen when you owe money and are unable to repay the debt. It can also happen if there has been a court or other legal entity ordered in a divorce or bankruptcy proceeding. Garnishments are usually done through your employer, so they will automatically take out a certain percentage of your earnings before giving them to you as paychecks every week.

Do Employers Have to Comply with a Wage Garnishment?

Employers must comply with a garnishment signed by a Judge. Failure to do so could lead to criminal and civil penalties for the employer.

Have Our Lawyers Negotiate a Payment Plan with Your Creditors

At Cindy Lawson & Associates P.C. - We have the expertise and skills to end wage garnishment.

Wage garnishment is a serious issue. If your creditors are garnishing your paychecks and mounting debt is starting to pile up we may be able to help you get the debt relief needed with filing for bankruptcy protection under US Bankruptcy Law, call us at (865) 938-0733 or click here for a free no-obligation consultation.

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We want to help you get your life back. We offer free consultations and the ability to file your bankruptcy online. We can meet remotely or in person. The choice is up to you.

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