Wage Garnishment

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Wage Garnishments in Charlotte

Have your wages been taken from you?

If your wages have been garnished illegally or if you suspect that your wages will be garnished by a creditor, you need to speak with a skilled Charlotte bankruptcy attorney immediately. At Schwilm Law Firm, PLLC, we make certain that creditors play by the rules.

We know that the last thing you want is for your income to take a serious hit, especially if you are already facing limited earnings or if you are hurting financially. Retain us to handle the legal work so that you can focus on moving forward with your life.

Consult a Charlotte Bankruptcy Lawyer About Your Finances

According to North Carolina laws, an employer may be ordered by the court to withhold a portion of your wages and pay your seized wages to satisfy a debt owed to a creditor. This process is known as wage garnishment. In the state of North Carolina, wage garnishment can be permitted under very limited circumstances and is not allowed unless ordered by a court or a government agency.

Your wages may be garnished without a court order to satisfy the following debts:

  • Unpaid back taxes
  • Court-ordered child support or child support debt
  • Unpaid student loans

Creditors will be allowed to garnish up to 25% of your disposable income that is leftover after mandatory deductions. If your disposable income is less than 30 times the federal minimum wage, your wages cannot be garnished at all.

Understanding the Reality of Wage Garnishment

Although the idea behind wage garnishment is to take enough money to satisfy creditors but leave enough money to help support a debtor's basic expenses, this is certainly not always the case. Many people are left with very little or no money to pay for their retirement plans, child support, other debts, and essentials such as life and health insurance.

Filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy can put an immediate stop to wage garnishment. Although bankruptcy will not be the right answer for every person, we can help explain how bankruptcy can help your particular circumstances. If it is not right for you, we can discuss alternatives with you. Our Charlotte bankruptcy lawyer can help explain all of the state and federal wage garnishment laws that can impact your situation.

Contact our firm today and put a stop to wage garnishment once and for all!