Q: How can I get relief or exempt from the garnishment of my wages?
The amount that is being taken out biweekly makes it impossible to pay rent and feed three children. I'm the only one in the household with a income. I'm extremely concerned for the safety and wellbeing of my family.
The amount that can be withheld from your paycheck to satisfy a judgment is set by state and federal law. Although there are some exceptions, in Wisconsin that limit is typically 20% of your disposable income. You may want to talk with a bankruptcy attorney about whether Chapter 7 might be a good solution for you. Depending on the amount of the debt, your other debts and your income, you may find that bankruptcy provides the relief that you need--the automatic stay that takes place in most bankruptcy cases stops most garnishments immediately, and in some cases recent withdrawals can even be recovered.
*David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.