Wage garnishment is one of the most frightening and life-disrupting things that can happen to someone. You make plans for the money you earn and suddenly find that you are not going to be getting nearly as much in your paycheck as you thought. And that lower paycheck is going to be your reality for, possibly, quite a long time. There are a lot of myths and misinformation out there about wage garnishment or wage levy and, if you are in this position now or in the near future, you definitely need the facts.
Myth #1 – No one can take money out of my paycheck without my permission.
This is a myth. Your employer will receive a notice of garnishment and, by law, has to comply. He or she doesn’t have to speak with you or ask you permission. It will just happen.
Myth #2 – Wage garnishment will happen without any warning ahead of time.
This myth is the flip side of #1. Though the government does NOT need your permission to start garnishing you wages they DO have to give you notice. You will receive several notices BEFORE any money is taken out of your pay. You will receive a Notice and Demand for Payment and then, 30 days before the levy starts, you will get a Final Notice.
Myth #3 – One you receive your Final Notice there is nothing you can do to stop wage garnishment.
This is a myth too. Once you get that Final Notice you have 30 days to arrange a hearing before the garnishment of wages begins. You still have time to work out a payment schedule on your own terms rather than submitting to the terms of the garnishment.
Myth #4 – They have to leave enough in my paycheck so that I can pay my bills.
This is another myth. Based on last year’s guidelines, you could be left with as little as $179.81 per week for a single person, or $289.42 for a married couple.
Myth #5 – My boss can fire me if my wages are garnished.
This is a little trickier. Your employer is prohibited by law from firing you for your first wage levy. However, if you have two or more garnishments you can be fired.
Myth #6 – Wages can only be garnished for taxes or child support.
This is definitely a myth. Your wages can be garnished for student loans in default, unpaid court fines, and any kind of monetary judgment from a court, in addition to child support and taxes.
Myth #7 – They can only garnish my wages for one debt at a time.
This is not true. Your wages can be garnished for multiple debts all at the same time. And, as mentioned in Myth #5, your employer can fire you for more than one garnishment.
The most important information you should take from this is that there is a lot of misinformation out there about wage garnishment. Be sure to get all the facts BEFORE the garnishment starts. Talk to an expert about your options and about what laws exist to protect you. It’s much easier to negotiate before the garnishment starts than to change the garnishment provisions after it has begun. Don’t wait – get help right away!
