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Will I Be Forced to Garnish My Debts Directly from My Wages?



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By : Jared Wright    4 or more times read
Submitted 2010-02-19 19:18:54

If you are in debt, one of the main concerns you may have is that you will be legally forced to garnish your wages in order to cover your debts.

Firstly, you have to know the laws and regulation of your state since every state has somewhat different laws. Secondly, it depends on whether your creditors have taken the matter to court.

Each state has laws stating which property is protected from creditors and what can be seized. There are some states that do not allow any kind of garnishment of wages at all.

If a state has legislation allowing it, this legislation will cover the portion of your wages that are allowed to be garnished, with costs of living being a major determinant.

There is also a federal regulation regarding wage garnishment and this law may be followed by some states. Federal debt is not accounted for under these laws. For example if you happen to live in a state that is against wage garnishment, your wages can still be garnished for any federal debts owed such as child support payments or student loans.

Other creditors who may seek garnishment of wages are credit card companies, hospitals, and debt collectors. They may seek it if the debt is high enough to warrant the time and cost it will take to go to court. Each state has their own laws governing this and it's best to check with your own state on what the laws are.

You can help prevent your wage garnishment by paying bills on time. Filing for bankruptcy can also provide some wage protection, with Chapter 7 bankruptcy forcing the immediate cessation of any garnishment proceedings.

Only a court can order the garnishment of wages. If the creditor is successful, your employer will be notified by the court about what portion of your wages need to be deducted.

There is no way for you to escape wage garnishment if your creditors come after you in Court. The best way to avoid this is to keep up your payments and if you find this difficult - speak to your creditor before it becomes too late. Most creditors will listen to you and accept some form of proposal for you to repay your debt.

Author Resource:- Jared Wright is the marketing manager of Clivir.com where people meet to learn from one another on topics such as debt relief. You can follow the links to find more articles such as free government debt consolidation and best debt consolidation companies.
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