Let Wage Garnishment Attorneys in Lisle, IL Protect Your Paycheck
You work hard for your paycheck. There is nothing worse than your paycheck being less than it should be due to wage garnishment. Whether from student loans or credit card debt, a wage garnishment can wreak havoc on your financial life and leave you feeling like you have no legal recourse. With the help of wage garnishment lawyers in Lisle, IL, you may be able to fight back and keep more of your paycheck on payday. While every case is unique and requires its own considerations, an experienced wage garnishment lawyer will guide you on the possible avenues available when faced with a creditor garnishing your wages.
What is Wage Garnishment?
Wage garnishment means that someone expects to receive a portion of your paycheck or earned income, and the portion will be directly deducted from your check or bank account. It is used when you owe a debt to a creditor and have proven unreliable in making payments on the debt. It is important to keep in mind a few basics about wage garnishment. For starters, a creditor will not be able to start garnishing your wages without giving you notice. The creditor must go through the courts to obtain a judgment, and the judgment must be approved to garnish wages. There is also a limit in most cases as to how much a creditor may be approved to garnish. The standard maximum a creditor can garnish is 15% in Illinois, which is limited to consumer creditors. The amount garnished may be even higher with other types of debt, such as student loans.
Can My Attorney Stop Wage Garnishment?
While there are no guarantees, in any case, an experienced lawyer may be able to stop wage garnishment under certain circumstances. There may also be legal steps you can take to minimize the likelihood of a creditor’s judgment for wage garnishment being approved. For example, an attorney may suggest filing for bankruptcy or working out a lower payment plan rather than dealing with wage garnishment from your creditors. If you are facing garnished wages, a knowledgeable wage garnishment lawyer may be able to find a legal compromise between you and the creditor, suggest legal means of removing the debt altogether, or assist in filing a claim of exemption.
What is a Claim of Exemption?
There are some examples of a wage garnishment being unfair and therefore reversed. When this happens, it is usually because of a claim of exemption. Claims of exemption aim to explain and justify scenarios in which a person should not have their wages garnished. If the claim of exemption is accepted and the creditor’s judgment is overturned or halted, it may even be possible to have the garnished wages refunded back to you. Here are a few common claims of exemption:
- The garnished funds come from government-issued guaranteed sources, such as Social Security or Disability benefits.
- The garnished funds are being taken from unemployment payments.
- The amount of the garnishment is small enough to be worked out in negotiations.
While it is best to file for a claim of exemption within 20 days of the creditor giving you notice of wage garnishment, a skilled lawyer may be able to help beyond the initial stages of the process. There may also be other exemptions based on your situation that your attorney may argue as grounds to end wage garnishment. The best way to determine if a claim of exemption is right for you is to speak directly with an experienced wage garnishment lawyer.
How Can a Wage Garnishment Lawyer Help Me?
Legal matters related to financial setbacks can be complex and overwhelming. One of the most important ways working with a wage garnishment lawyer may help is by offering answers to crucial questions. The average person may not be aware of their legal rights and options, which is where a lawyer comes in. An attorney will also be able to serve as your advocate and liaison, so you will have minimal contact with the creditor during the process of fighting against wage garnishment. Finally, an experienced lawyer will be familiar with all the possible options available to you from a legal standing as they pertain to your debt, such as filing for bankruptcy, debt negotiations, and more. Whether trying to stop an initial judgment or attempting to reverse an existing one, attorneys fight for your rights while guiding you through the legal steps.
Seek Legal Help Now
There are few things in life more important than a person’s livelihood. When your paycheck is under attack, finding a tax resolution attorney to fight for your rights is always worth considering. We are dedicated to helping clients take control and break free from wage garnishment whenever possible. If you are unsure if you need legal counsel, please reach out for a free consultation regarding your situation. Contact us at (708) 575-1500 to discuss your legal options today.