If a creditor goes to court, gets an order allowing a garnishment, they will can force your employer to garnish your wages. A Utah wage garnishment orders can be from 25% to 50% of your paycheck. Losing such a large chunk of your paycheck can be devastating financially and mentally. The Utah Bankruptcy Guy can help you.
So How Much of My Paycheck Can Be Garnished?
You need to understand that when employer gets that wage garnishment order, by law they must begin withholding 25% of your take-home pay right away. The papers say there is a period of time before a response is due but that just means your employer has to keep the money collected until they get an order telling them where to send the money.
What Types of Wages Can or Cannot Be Garnished?
Income that can be garnished:
Wages
Tips
Bonuses
Commissions
Investment income
Bank account cash
Income that cannot be garnished:
Payments from child support
Social Security benefits (except for child support or tax debt)
Workers’ compensation
Retirement income (except for child support or overdue taxes)
Payments from spousal support (except for child support or taxes)
Can A Utah Bankruptcy Stop My Wages From Being Garnished?
We got good news for you –filing bankruptcy can stop a wage garnishment immediately. There is a legal doctrine called the automatic stay that is activated by filing a bankruptcy case. This “Stay” puts a stop to all creditor collections, including garnishment, repossession, and foreclosure for a period of time. Depending on the type of debt it might go away permanently or might start up again after bankruptcy is over.
Contact us now to speak with our experienced bankruptcy lawyer. The Utah Bankruptcy Guy can help you keep your whole paycheck.