Wage Garnishment Attorney in Oklahoma City, Oklahoma

Any financial issue can be a source of stress, but when you’re dealing with wage garnishment, it can feel like there is no way out. As the lead attorney at Deborah Brooks & Associates, P.C., I understand the challenges and complexities of wage garnishment and am here to give personalized advice and support. 

As a seasoned bankruptcy attorney at Deborah Brooks & Associates, P.C., I've seen how wage garnishment can cause significant financial strain and uncertainty. I believe everyone deserves respect and compassion during these trying times, and I'm committed to providing that along with my legal assistance. Contact me at my office in Oklahoma City or Lawton, Oklahoma, to schedule a free consultation and learn how I can help you move forward.  

Understanding Wage Garnishment

Wage garnishment is a legal mechanism that creditors use to collect debts directly from your earnings. When a court orders a wage garnishment, your employer is legally required to withhold a portion of your wages and send it to your creditor.  

Types of Debts Eligible for Garnishment

There are several types of debts that can lead to wage garnishment. These include: 

• Domestic Support Obligations: This category includes past-due child support or alimony. When these obligations aren't met, the owed party has the right to initiate a wage garnishment process to collect the funds. 

• Nondischargeable Debts: These are debts that can't be wiped out through bankruptcy. They include certain credit card balances, personal loans, and medical bills. If you default on these types of debts, your creditors can seek court approval to garnish your wages. 

• Student Loans: If you've defaulted on federal student loans, the Department of Education can garnish your wages without a court order. 

• Taxes: Unpaid taxes, whether they're federal, state, or local, can also lead to wage garnishment. Taxing authorities have extensive powers to collect past-due taxes, including garnishing your wages. 

• Court Judgments: If a creditor sues you for unpaid debts and wins a judgment, they have the right to garnish your wages. 

Each type of debt comes with its own set of rules regarding wage garnishment. It's important to understand which of your debts could potentially lead to wage garnishment so you can plan accordingly. 

How Much Can Be Garnished?

How much of your income can be garnished depends on various factors, including the type of debt you owe and federal and state laws. Generally, federal law limits wage garnishment to either 25% of your disposable income or the amount by which your weekly income exceeds 30 times the federal minimum wage, whichever is less.  

However, certain debts, like child support or back taxes, may have different garnishment limits. I can help you understand the specific garnishment limits that apply to your situation. 

Laws Addressing Wage Garnishment 

Wage garnishment is regulated by several laws, but the most important one is Title III of the Consumer Credit Protection Act (CCPA). This federal law protects employees from being fired because of wage garnishment and also sets limits on how much of your wages can be garnished. It's imperative to know your rights under the CCPA when navigating through wage garnishment. 

How to Stop Wage Garnishment

There are several strategies that can potentially stop or at least reduce wage garnishment. These include:  

• negotiating a repayment plan with your creditor  

• claiming an exemption  

• requesting a hearing to challenge the garnishment  

• filing for bankruptcy  

Each approach has its own pros and cons, so it's essential to consult with an experienced bankruptcy attorney before taking any action. I can help you understand your options and choose the best course of action for your specific situation. 

Will Bankruptcy Halt All Wage Garnishments?

Filing for bankruptcy often has the power to wage garnishments. This happens because of what's known as an "automatic stay," which comes into effect immediately upon filing for bankruptcy. The automatic stay prohibits most creditors from continuing with collection actions, including wage garnishments. 

However, it's essential to understand that bankruptcy may not stop all wage garnishments. The automatic stay doesn't apply to all types of debt or all creditors. For example, if you file for Chapter 7 bankruptcy, any garnishments for domestic support obligations, like child support or alimony, may not be stopped by the automatic stay. 

Once your bankruptcy case is over, creditors are usually barred from resuming garnishments on debts that have been discharged. However, they can continue garnishments on debts that aren't discharged. If your bankruptcy case is dismissed without a discharge, creditors can resume garnishments for all types of debts. 

In some cases, you might be able to recover garnished wages after filing for bankruptcy, but this isn't always worth the cost or effort. It's crucial to consult with a bankruptcy attorney to weigh your options and decide the best course of action. At Deborah Brooks & Associates, P.C., I provide personalized attention to our clients throughout Western Oklahoma. Let's discuss your situation and find your best path forward together.