Wage Garnishment Attorney in Mesa, Arizona

It's overwhelming when your hard-earned wages are garnished. The financial burden and the stress that comes with it can be enormous. But remember, you're not alone. At Atchley Law Firm, PLC, we have helped numerous individuals like you regain control of their finances and navigate the complexities of wage garnishment.

We believe in giving everyone a chance to start over and rebuild their financial stability. Our experienced wage garnishment attorney in Mesa, Arizona, is committed to providing exceptional legal representation and personalized solutions tailored to your unique situation. Let us be your trusted partner in this challenging journey towards financial freedom.

Understanding Wage Garnishment

Wage garnishment is a legal process where a portion of your earnings is withheld by your employer and paid directly to your creditors. This usually happens when you owe a debt, and the creditor obtains a court order to collect the outstanding amount from your wages. Understanding the many facets of wage garnishment is crucial to effectively addressing the issue and safeguarding your income. 

To put it simply, wage garnishment is a legal procedure that allows creditors to collect unpaid debts by taking a part of an individual's wages. When a creditor gets a court order for wage garnishment, the employer is required to deduct the specified amount from the employee's paycheck and send it directly to the creditor. This process continues until the entire debt is paid off or other arrangements are made. 

Types of Debts Eligible for Garnishment

Various types of debts can be subject to wage garnishment. These include unpaid credit card bills, medical bills, personal loans, and outstanding taxes. It's important to note that certain debts like child support and alimony follow specific rules and procedures for wage garnishment. Knowing which debts can be garnished is a crucial step in effectively handling the issue. 

How Much Can Be Garnished?

The amount that can be garnished from your wages is governed by both federal and state laws. Under the Consumer Credit Protection Act (CCPA), creditors can garnish up to 25% of your disposable earnings or the amount by which your earnings exceed 30 times the federal minimum wage, whichever is less. However, in Arizona, the garnishment limit is typically lower than the federal limit as the state generally follows federal law. 

Laws Addressing Wage Garnishment

Wage garnishment is regulated by both federal and state laws. The CCPA is the federal law that outlines the guidelines and limitations for wage garnishment. It offers protection to employees by limiting what can be garnished from their wages. In Arizona, wage garnishment laws generally align with federal law, but there may be some variations and additional state-specific regulations to consider. 

Title III of the CCPA provides vital protections to employees from being discharged by their employers because their wages have been garnished for any one debt and it limits the amount of an employee's earnings that may be garnished in any one week. 

Arizona Laws

In Arizona, wage garnishment laws typically follow federal law. However, there may be some specific state regulations that can impact how wage garnishment is handled. 

In Arizona, creditors can garnish the lesser of 25% of your disposable earnings or the amount by which your earnings exceed 30 times the federal minimum wage. "Disposable earnings" are defined as the income left after legally required deductions are made, such as taxes and Social Security. It's also important to know that there are certain exemptions that can help protect your wages from being garnished. 

For instance, if you're the head of a family and your net weekly earnings are less than $300, your wages cannot be garnished at all. If you aren't head of a family, your wages can't be garnished if your net weekly earnings are less than $150. These are just a few examples of the exemptions that can provide valuable protection. 

If you believe your wages are being unfairly garnished, Arizona law allows you to file an objection to the garnishment. This would involve a hearing where you can present evidence and argue your case. We can help you prepare for this, guiding you through each step of the process. 

It's also essential to know that Arizona law prohibits employers from terminating an employee because their wages have been subject to garnishment for any one debt, consistent with federal law. However, this protection is not absolute, and if your wages are being garnished for two or more debts, your employment could be at risk. 

How to Stop Wage Garnishment

If you're facing wage garnishment, there are several options at your disposal: 

Fight the Garnishment 

You have the right to challenge the wage garnishment if you believe it is unjust or if there are errors in the process. This usually involves filing a claim of exemption or requesting a hearing to present your case. We can guide you through these legal procedures and help you build a strong defense. 

Negotiate a Payment Plan

Sometimes, you may be able to negotiate a payment plan with your creditor to satisfy the debt and avoid further wage garnishment. This involves reaching an agreement on a manageable repayment schedule that fits your financial situation. We can assist you in negotiating with your creditors and finding a solution that benefits both parties. 

File for Bankruptcy

Filing for bankruptcy is another option that can provide immediate relief from wage garnishment. When you file for bankruptcy, an automatic stay is put in place that prevents most creditors from continuing with collection actions, including wage garnishment. 

Wage garnishment usually stops when the debt is paid in full, or if you file for bankruptcy. If you're successful in challenging the garnishment, that can also stop the process. 

However, there are situations where filing for bankruptcy won't stop wage garnishment. These include cases involving domestic support obligations such as alimony and child support. 

In a Chapter 7 bankruptcy, an automatic stay goes into effect immediately upon filing your bankruptcy petition. This stay prevents most creditors from continuing with collection actions, including wage garnishment.