Garnishment Lawyer El Reno, OK
If you have been informed that your wages are either being garnished or may be garnished if you don’t pay an overdue balance, it is time to speak with a trusted El Reno, OK garnishment lawyer about your options. You work hard for your paycheck and it’s important to protect your wages from seizure as a result of unpaid debt. The experienced legal team at Marty Martin Bankruptcy Law understands the nuanced nature of garnishment actions and we’re here to help.
Garnishment: The Basics
Most of the time, garnishment serves as a means to enforce a judgment against a debtor. Essentially, when a consumer fails to pay a debt, a creditor can file a lawsuit against that consumer. If the consumer fails to respond to the lawsuit, the creditor will win it by default. This is referred to as obtaining a “default judgment” in favor of the creditor. If the consumer fights the lawsuit and loses, the creditor may also secure a judgment in their favor.
If a judgment is secured in favor of a creditor, they may seek to secure the funds they’re owed by garnishing the consumer’s wages. Garnishment is a process subject to limitations imposed by state law. Meaning, creditors can’t simply garnish a consumer’s wages without a judgment and they can’t simply take as much of a debtor’s wages as they please.
Responding to a Garnishment Risk or Garnishment Action
Sometimes individuals contact our El Reno garnishment lawyer team because their wages are being garnished by mistake. They either weren’t informed of the lawsuit filed against them, they didn’t owe the debt in question, or the debt in question had already been sufficiently addressed. Under these circumstances, our team knows how to respond to wrongful garnishment to halt such action.
Some consumers also contact our team when they’re at risk of having their wages garnished and they want to address the situation proactively. Our team can negotiate on behalf of debtors so that one or two past accounts don’t result in garnishment actions.
Finally, debtors often contact us when their wages are being rightfully garnished and they want this action to stop. Under these circumstances, we often help individuals to file for bankruptcy or to embrace a bankruptcy alternative that allows them to meet their goals.
Legal Assistance Is Available
If your wages are being garnished or you’re at risk of having your wages garnished, don’t assume that there is nothing to be done. Schedule a risk-free consultation with the experienced legal team at Marty Martin Bankruptcy Law to better understand the nuances of your rights and options under the law. That way, you’ll be empowered to make informed decisions about your situation.
Depending on the nature of the circumstances that you’re facing, a savvy El Reno garnishment lawyer at our firm could potentially help you to end your garnishment/garnishment risk and to place your finances on far firmer ground. We look forward to speaking with you.
Common Myths About Wage Garnishment
If your wages are being garnished, it may be time to speak with an El Reno OK garnishment lawyer from Marty Martin Bankruptcy Law. A person’s wages may be garnished if he or she has outstanding debts. Knowing that a portion of your paycheck will be garnished is certainly nerve-wracking.
Here are some common myths about wage garnishment that you should know about.
- Just back taxes and child support payments can be garnished. It’s true that back taxes and child support payments make up a large percentage of wage garnishment cases. However, they are not the only debts that can be garnished. Student loans, alimony, unpaid credit card bills and other types of debts can also be collected through wage garnishment.
- Your employer will fire you for a wage garnishment levy. If the court has decided to garnish your wages, they have to notify your employer. Some workers worry that their employer may terminate them for this. The good news is that your employer isn’t allowed to terminate your employment for one wage garnishment. However, if you have multiple wage garnishments, your employer can fire you.
- Only one debt can be garnished at a time. As an El Reno garnishment lawyer can confirm, this is another common misconception about wage garnishment. The truth is that multiple debts can be garnished at the same time. If you owe money to several entities, like the IRS and credit card companies, the court can garnish your wages for all of them simultaneously.
- You will still have enough money to cover your bills. While this would be nice, it isn’t always reality. In Oklahoma, the court can’t garnish more than 25 % of your pay. However, that doesn’t necessarily mean that you will still have enough money to pay for your mortgage/rent, utilities, food and other necessities.
- Your employer must ask permission before garnishing your wages. This is another common myth about wage garnishment. Your employer isn’t required to ask for your permission to garnish your wages. After they receive a notice from the court that your wages have to be garnished, they have to comply immediately.
What to Do If You’re Facing Wage Garnishment
If you know that your wages will be garnished, understand that you still may have some options left. The first thing you should do is request a credit report from a credit reporting agency. Believe it or not, incorrect credit reporting does occur sometimes. You don’t want to be on the hook for a debt that you aren’t responsible for. If you believe there was an error, you can file a dispute.
Another option is to declare bankruptcy. Once you file for bankruptcy, an automatic stay will be issued, which will prevent your creditors from taking further collection efforts against you, including wage garnishment. An experienced lawyer can help you decide if bankruptcy is the right option for you.
If you have additional questions about wage garnishment, you should schedule a meeting with an El Reno garnishment lawyer from Marty Martin Bankruptcy Law.
Garnishment FAQs
Wage garnishment can be a stressful and overwhelming situation for anyone facing it. If you’re in Oklahoma and dealing with garnishment, you may have questions about how to stop or manage it. Our El Reno, OK garnishment lawyer has twenty years of bankruptcy law experience and answers some of the most common questions about wage garnishment, your rights, and how our law firm can help you during this challenging time.
How Do I Get Out Of A Garnishment In Oklahoma?
If you are facing wage garnishment in Oklahoma, there are several ways to stop or reduce the garnishment. The first step is to contact the creditor or debt collector and negotiate a repayment plan that would allow you to avoid garnishment or stop it altogether. Another option is to file a claim of exemption with the court, arguing that the garnishment is causing undue financial hardship or that the amount being garnished exceeds the allowable limit under Oklahoma law.
If these options aren’t successful, you may also explore filing for bankruptcy, which can temporarily halt or even eliminate wage garnishment as part of the bankruptcy process. At our debt repair lawyer reviews all available options, including negotiating with creditors or filing claims, to get the garnishment lifted.
What Is The Maximum Garnishment Allowed?
In Oklahoma, the maximum amount that can be garnished from your wages depends on several factors, including your disposable income and the type of debt. Under federal law, the maximum garnishment for most debts is 25% of your disposable earnings, or the amount by which your weekly earnings exceed 30 times the federal minimum wage, whichever is less.
However, certain types of debt, such as child support or taxes, may have different garnishment limits. For example, the maximum garnishment for child support can be much higher, depending on the circumstances. Our law firm can help you determine the exact garnishment limit for your situation and advise you on your legal options to reduce the amount being garnished.
How Many Times Can A Company Garnish Your Wages?
In most cases, a company can continue garnishing your wages until the debt is fully paid off or resolved. However, they must follow the legal procedures and cannot garnish more than the legal maximum allowed by law. If you are struggling with multiple garnishments, it can be overwhelming, but there are ways to address the situation. You may be able to consolidate your debts or work with your creditors to reach a more manageable solution.
If you’re facing multiple wage garnishments, our El Reno garnishment lawyer can help you explore options such as negotiating with creditors or filing for bankruptcy to discharge or reduce your debts. We can help you find the most effective solution to stop further garnishments and regain control of your finances.
Can You Negotiate After Wage Garnishment?
Yes, you can negotiate even after wage garnishment has begun. If your wages are being garnished, it’s not too late to discuss your situation with your creditor or our attorney. In many cases, creditors may be willing to lower the amount being garnished or establish a repayment plan that is more manageable for you.
Additionally, we can help you negotiate with your creditor to stop or modify the garnishment. If you have experienced a significant change in your financial situation, such as a loss of income or medical expenses, our lawyer can assist in requesting that the court reduce the garnishment amount or find another solution that better fits your current circumstances.
Can My Bank Account Be Garnished Without Notice?
Yes, in Oklahoma, your bank account can be garnished without prior notice in certain circumstances. Generally, creditors must obtain a court order before they can garnish your wages or bank account. However, in some cases, such as with certain types of debts like unpaid taxes or child support, creditors can request a garnishment order without giving you prior notice.
While this may seem alarming, there are ways to challenge an improper garnishment or protect your assets. If you believe your bank account was garnished improperly or without the proper notice, it’s important to act quickly. Our El Reno bankruptcy law firm can assist you in filing the necessary legal motions to stop or reverse a wrongful garnishment.
Find The Right Legal Strategy For Wage Garnishment Challenges
Wage garnishment can be a difficult and overwhelming experience, but you don’t have to face it alone. If you’re dealing with garnishment in Oklahoma, our El Reno garnishment lawyer is here to help you understand your rights and work on a strategy to regain control of your finances.
Contact Marty Martin Bankruptcy Law today for a consultation to discuss your options and start the process of resolving your garnishment issues. Our practice is primarily focused on personal bankruptcy and debt repair. We have the strategies you need to achieve financial stability. Don’t wait to seek our legal counsel. Call now to get our team started on your case.