A wage garnishment is a legal process where a creditor obtains a court order to collect a debt directly from your employer's paycheck. If you receive a notice of wage garnishment in Wisconsin, it's crucial to take immediate action to protect your financial interests.
Understanding Your Rights
Wisconsin law limits the amount of your wages that can be garnished. Typically, a creditor can't garnish more than 25% of your disposable earnings or the amount by which your disposable earnings exceed 30 times the federal minimum hourly wage, whichever is less.
Steps to Take When You Receive a Wage Garnishment Notice:
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Review the Notice Carefully:
- Verify the Amount: Ensure the garnishment amount is accurate.
- Check the Creditor's Information: Verify the creditor's identity and the legitimacy of the debt.
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Consult with a Legal Professional:
- An attorney can provide guidance on your rights and options.
- They can help you challenge the garnishment if it's unlawful or excessive.
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Consider Negotiating with the Creditor:
- Payment Plan: Propose a payment plan to reduce the impact of the garnishment.
- Dispute the Debt: If you believe the debt is incorrect or unfair, dispute it with the creditor.
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File a Claim of Exemption:
- In some cases, you may be able to claim exemptions to protect a portion of your income from garnishment.
- A lawyer can help you determine if you qualify for exemptions.
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Monitor Your Credit Report:
- A wage garnishment can negatively impact your credit score.
- Keep an eye on your credit report for any errors or inaccuracies.
Additional Tips:
- Communicate with Your Employer: Inform your employer about the garnishment and provide them with a copy of the court order.
- Stay Organized: Keep track of all documents related to the garnishment, including the court order, payment plans, and communication with the creditor.
- Avoid Making Hasty Decisions: Take your time to evaluate your options and seek professional advice.
Remember, timely action is crucial when dealing with a wage garnishment. By understanding your rights and taking the necessary steps, you can minimize the financial impact of a garnishment.
Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.