What is Garnishment?
Garnishment is a legal process where a creditor can collect a debt by taking a portion of your wages or other income. In Wisconsin, there are specific laws governing garnishment to protect both creditors and debtors.
Types of Garnishment in Wisconsin
- Wage Garnishment: This is the most common type of garnishment in Wisconsin. A creditor can garnish a portion of your wages to satisfy a debt.
- Bank Account Garnishment: In certain circumstances, a creditor can garnish your bank account to collect a debt.
- Property Garnishment: While less common, property garnishment can be used to seize property to satisfy a debt.
Wisconsin Garnishment Limits
To protect debtors from excessive garnishment, Wisconsin law imposes certain limits on the amount that can be garnished:
- Wage Garnishment: The amount that can be garnished from your wages depends on your income and the number of dependents you have. Generally, the maximum amount is 25% of your disposable earnings after certain deductions.
- Bank Account Garnishment: There are specific exemptions for certain types of bank accounts, such as retirement accounts and education savings accounts.
Exemptions from Garnishment
Wisconsin law provides exemptions for certain types of income and property that cannot be garnished. These exemptions include:
- Child support
- Spousal maintenance
- Social Security benefits
- Veterans' benefits
- Disability benefits
- Workers' compensation benefits
- Retirement savings
- Household goods
- Tools and equipment used for employment
What to Do If Your Wages Are Being Garnished
If your wages are being garnished, you have certain rights. You can:
- Dispute the Garnishment: If you believe the garnishment is incorrect or illegal, you can file a dispute with the court.
- Request a Hearing: A hearing may be held to determine whether the garnishment is valid.
- Seek Legal Advice: Consulting with an attorney can help you understand your rights and options.
PRO TIP!
Filing a "Chapter 128" is a great way to stop a garnishment dead in it's tracks. You can read more about Chapter 128, here.
Conclusion
Understanding Wisconsin's garnishment laws can help you protect your financial interests. By knowing your rights and taking proactive steps, you can minimize the impact of garnishment and work towards financial stability.
Would you like to know more about a specific strategy or have questions about your particular situation?
Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.
