Wage Garnishment Attorney in Denver, Colorado
It is every American’s right to enjoy the fruits of their labor. Your income pays for your daily needs and little luxuries. This is why it can be a significant financial strain when part of your wages is taken away.
At The Law Office of Clark Daniel Dray we understand the difficulties caused by wage garnishment. When you retain our wage garnishment attorney, we can provide you with personalized counsel tailored to your unique circumstances to ensure you get a favorable result. If you want to stop wage garnishment, one of the best ways is to file for bankruptcy. Our skilled Denver bankruptcy attorney can lay out your options so you can take the best course of action. Call us today to schedule a consultation!
How Does Wage Garnishment Work?
A wage garnishment is basically an order for your employer to deduct a certain amount from your wages to pay off your debt.
When can an employer garnish my wages?
Before your debts can be garnished, your creditor needs a court order that proves you owe them money and have defaulted. Most creditors cannot force your employer to withhold part of your wages without successfully suing you first. Certain types of debt are exempt from this requirement to file a lawsuit such as alimony, child support, federal student loans, or taxes.
Is there a limit to wage garnishment?
Creditors cannot take everything in your paycheck. There are federally-placed limits along with state laws that govern how much of your paycheck can be withheld. As an example, the federal limit for garnishment is the lower of:
- 25% of your disposable income for the week i.e. after mandatory deductions
- The amount by which your income exceeds 30 times the minimum wage
When does wage garnishment end?
The creditor will continue to garnish your earnings until you pay off the amount or take action to stop the garnishment, such as filing an exemption with the court. The amount of money you can keep is determined by your state’s exemption laws. Depending on your circumstances, you may be able to keep some or all of your money.
Filing for bankruptcy may also be able to stop most garnishments. Get in touch with our skilled Denver wage garnishment attorney today to get started on your road to a secure financial future!
What Exactly are the Limits on Wage Garnishment?
Colorado Wage Garnishment Limits
According to Colorado law, creditors are able to garnish the lesser of:
- 20% of your disposable earnings for that week, or
- any amount of your disposable earnings for the week that exceeds 40 times the state or federal minimum wage.
Unpaid Tax Limits
A levy is the entire amount of money that a local government can collect from a tax rate. If you owe the government back taxes, they can levy your wages without needing court judgment.
The amount deducted is calculated according to:
- the total amount of personal exemption deductions granted to the taxpayer in the taxable year in which the levy occurs
- the total of the taxpayer’s standard deduction
Defaulted Federal Student Loan Limits
According to the law, the US Department of Education can only deduct up to 15% of your paycheck. However, you can keep an amount equal to 30 times the minimum weekly federal wage.
Unpaid Child Support Limits
Court orders for child support since 1988 have automatically included an income withholding order. A parent can also ask the court for a wage garnishment order against the other parent if they miss child support payments.
For child support, the entity taking your wages can deduct up to 50% of your disposable income if you are supporting another spouse or a child. If you’re not, they can take up to 60%. Furthermore, if you’re more than 12 weeks behind, they can take another 5% off your wages.
Wage garnishment laws can be complicated. Luckily for you, our Denver attorneys know the law. We can give you personalized guidance based on your specific situation. Get relief from debt today by calling our Denver law office!
How to Prevent Wage Garnishment
There is a way you can keep your wages safe from garnishment. When you get the notice of the court-ordered garnishment, you can raise an objection or file an exemption claim. There are different procedures depending on state laws and the type of debt. It’s best to ask an attorney to clarify anything for you.
Filing for bankruptcy is one of the best ways to prevent wage garnishment. Once you’ve filed, the court orders an automatic stay, preventing your creditors from taking action to collect your debt, including collections calls, lawsuits, and wage garnishments.
Call our Denver office now to talk to our trusted wage garnishment attorney.
Can I Be Fired for Wage Garnishment?
Some employers may find it too much of a hassle to deal with wage garnishment. Don’t be afraid as there are state and federal laws to protect you in these scenarios.
Federal law states that an employer cannot terminate your employment if you have one wage garnishment. However, Colorado law states that employers cannot fire you for this, no matter how many wage garnishments have to be deducted from your paycheck.
If you want to stop wage garnishment entirely, consider filing for bankruptcy. Our skilled attorneys can help you in every step of your petition. Contact us now for more information.
Schedule a Consultation with our Denver Wage Garnishment Attorney
It can be stressful dealing with debt. Many people struggle to pay all their bills on time, and wage garnishment only serves to aggravate the delicate balance of maintaining a budget.
Our wage garnishment attorneys at the Law Office of Clark Daniel Dray can help you with your financial troubles. Aside from bankruptcy, we also handle estate planning – including wills, trusts, and asset protection, among many other services. One attorney will oversee your case from beginning to end, ensuring a more personalized approach to handling your case. They will be able to handle all your questions and account for your unique status and circumstances to land you a desirable outcome.
Talk to our bankruptcy attorney in Denver, CO to stop wage garnishment! Bankruptcy laws are complex and one mistake can cause you more stress and may even impact the outcome of your petition. With all the different bankruptcy chapters, pertinent laws, and courtroom tactics, it’s best to have a knowledgeable attorney by your side. Call us today to schedule an initial consultation.