A wage garnishment in Wisconsin can be a stressful experience. It means a portion of your paycheck is being withheld to pay off a debt. This blog post will explain how wage garnishments work in Wisconsin, your rights, and potential options.
Understanding Wage Garnishments
A wage garnishment is a court order that directs your employer to withhold a specific amount from your paycheck and send it to a creditor to satisfy a judgment. This typically happens after a creditor wins a lawsuit against you for unpaid debts.
The Garnishment Process:
- Judgment and Order: The creditor obtains a court judgment against you for the debt amount. They then request a garnishment order from the court.
- Notice: You'll receive a notice from the court informing you of the garnishment order and the amount to be withheld from your wages.
- Employer Withholding: Your employer receives a copy of the garnishment order and is legally obligated to withhold the specified amount from your paycheck until the debt is paid off or the garnishment order ends.
- Payments: The withheld funds are sent to the creditor to settle the debt.
Important Protections Under Wisconsin Law:
Wisconsin law offers some exemptions to wage garnishments. This means a certain portion of your income is protected from garnishment. The amount exempt depends on your filing status (single, married, etc.) and the number of dependents you have.
What You Can Do:
- Object to the Garnishment: If you believe the garnishment is incorrect or violates your exemptions, you can file an objection with the court.
- Contact the Creditor: Sometimes, creditors might be willing to negotiate a payment plan that avoids garnishment.
- Seek Legal Help: An attorney specializing in debt collection defense can advise you on your rights and explore options to challenge the garnishment or negotiate with the creditor.
Remember:
- A wage garnishment can significantly impact your finances. Understanding your rights and exemptions is crucial.
- Don't ignore a garnishment notice. Ignoring it won't make it go away and could lead to further complications.
- Explore all your options, and don't hesitate to seek professional help if needed.
Facing a wage garnishment can be overwhelming, but you're not alone. By understanding the process, your rights, and available resources, you can take steps to manage the situation.
Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.
