Q: What can you do if your employer deducts from your paycheck for garnishment before the date they stated it will begin.
I received a writ of garnishment notice from my employer stating they will start deducting from my paycheck on the 15th of this month. I have not received anything regarding this writ of garnishment before this. My employer actually deducted 80% from my last paycheck for this garnishment. I am on SSDI. I am allowed to earn up to $1100 each month. My condition is terminal: I am on oxygen and have pulmonary hypertenstion, right sided heart failure and stage 4 liver failure. I will need a liver and lung transplant to survive past 5 years.
A: You have ten (10) days (some places vary) to challenge the garnishment in the court in which it was issued.
A: The $1100 you earn each month is less than substantial gainful employment, and is only relevant in determining that you're still eligible for SSD benefits. However, that amount can be garnished with a proper judgment. Your SSD benefits are exempt and cannot be taken by creditors, but need to be kept in a separate account so as not to be co-mingled with the income you receive from working. You may challenge the garnishment if it was not pursuant to the judgment, etc., but the funds are available to creditors.
A: You can protest a wage garnishment by filing papers with the court to get a hearing date where you can present evidence that you need more of your paycheck to pay your expenses or that you qualify for an exemption. The judge can terminate the garnishment or leave it in place.
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