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WAGE GARNISHMENT

Wage Garnishment Lawyers

Cincinnati, Ohio

When you become indebted to a creditor and default on your payments, they have the right to take money out of your paycheck before you even see it. This is what is known as wage garnishment. Creditors apply to the state in order to serve garnishment papers to your employer.

Your income must meet certain criteria to be eligible for a creditor to garnish wages. The rate of pay you receive must be for steady work at greater than minimum wage. If your wages are already being garnished by another creditor, the total amount of garnishment cannot exceed 25% of your take home pay.

Exceptions to the above law include any child support or alimony you owe. In these cases, up to 50% of your wages may be garnished after necessary bills are paid. This includes income you receive from worker’s compensation, disability, or unemployment.

Employers are required by law to withhold the garnished amount from your pay until your debt is paid. If they refuse, the employer is legally responsible for failure to do so.

Income that is entirely exempt from wage garnishment includes benefits from retirement, social security, or public assistance.

The Federal Consumer Credit Protection Act ensures that you can’t be fired from your job due to wage garnishment to repay a single debt. However, employers are allowed to fire employees when several creditors request to garnish wages. Employers can be fined up to $1,000 for breaking this law, as well as serve up to one year in jail.

Wage garnishment laws are complicated and there are many opportunities for creditors to garnish your pay unfairly. If you or someone you know have been treated inappropriately by an employer or if you are the victim of illegal wage garnishments, call O'Connor Acciani & Levy, LLC at 513-241-7111 to discuss your concerns. Our wage garnishment attorneys will advise you of your rights and protect you from unscrupulous creditors or employers.