First, all Colorado employers are banned from firing you by federal law based on a single garnishment. If you lose your job, are laid off, or quit, however, the garnishment order is still legally binding. So, when you get another job, your employer will receive the legal garnishment notice that was previously issued. Also, and you may have to deal with accounting issues and payments to the court for the legal work that’s needed.
Depending on the specific details of your case, federal law only protects you from being fired if your wages are garnished for one debt. If your wages are garnished for more than one debt or by more than one creditor, your federal protection from firing may not hold up.
It’s also important to note that although your employer may want to help you, they are legally bound to strictly follow a wage garnishment court order, even when you are not employed or don’t earn enough money. The consequences for ignoring a wage garnishment that an employer can suffer are extreme under Colorado law. So, no matter how much they want to help you, their hands are legally tied.
If you quit your job, are laid off, or are fired, the garnishment commonly terminates 90 days after the end of your employment. If there is more than one garnishment, each garnishment must be paid in full in the order served on the employer or any new employers.
Time limits on garnishments may be based on the specifics of your debt and other legal factors. Your Colorado bankruptcy and wage garnishment lawyer will explain all the pertinent details to you and the legal options you may have. For example, usually, you cannot be garnished twice and the time limit on all your garnishments is on the total. So, if you have more than one garnishment, the time limits may be split between them.
This may sound confusing, and it is! If your wages are garnished, it is absolutely in your best interest to consult with a Loveland wage garnishment lawyer so that you know all your options and all your rights are protected under the law.
Is a Judgement Against Me the Same as a Garnishment?
Garnishment of your wages is a powerful tool for your creditor to process and collect the money after a judgment is awarded to them in a court case. The court legally orders a bank or employer to withhold your earnings for direct payment to the creditor based on the judgment
The judgment (or lien) may last up to six years in Colorado and could be able to be enforced on your property (even if the property changes hands), or used to garnish your wages, and more.
Although your creditor is awarded a judgment, it’s up to them how they use it. This is a legal area in which the negotiating skills of your garnishment lawyer could be vital.
Colorado law commonly permits creditors to garnish your wages (after calculating the number equivalent to your disposable earnings) for the week that exceeds forty times the state or federal minimum wage! So, you see that this can damage your entire financial picture, and it’s mandatory that you, and your lawyer, get ahead of the situation before the creditor moves on to more extreme collection proceedings after they are awarded a judgment.
Can I Get Help and Possibly Negotiate My Wage Garnishment?
Yes, you (with the help and negotiating skills of your lawyer) can attempt to negotiate a wage garnishment, and most creditors may be open to this more amicable compromise. This may be especially true if you have less money coming in.
It’s always the best idea that you contact them once you are served and try to negotiate a wage garnishment from there. They may still garnish your wages at a lower and much more acceptable negotiated rate.
Wage garnishment can radically tip your already unbalanced financial scales, turning your difficult financial situation into an impossible one. If money was already tight, the added strain of a smaller paycheck might be the breaking point. You have legal options, and you need to look over your entire financial picture with your Loveland bankruptcy lawyer and strategize a plan that best works for you.
What you don’t know is that your wage garnishment lawyer may often be able to do more to help you. There are even possible ways in which “wage garnishment revocation” may allow us to reclaim any money that has been withheld from your paycheck in the 90 days leading up to a bankruptcy filing if that option becomes necessary.
Can My Lawyer Stop My Wage Garnishment Without Bankruptcy?
The detail of each case is specific, and there are ways to combat wage garnishments without you having to file bankruptcy. Remember, however, that bankruptcy is a legal means meant to help you through dire financial times and exists for that purpose.
Some of the ways to stop your wage garnishment without filing bankruptcy are:
- Formally responding to your creditor’s demand letter.
- Seeking state-specific financial remedies to your situation.
- Obtaining debt counseling.
- Objecting legally to the garnishment.
- Attending the objection hearing and negotiating at that time.
- Challenging the underlying judgment against you.
- Continuing to deal with your creditor.
Your knowledgeable and experienced Loveland wage garnishment lawyer will go over all your options and fight on your behalf. Consult with them first, and ensure your legal and financial rights are enforced.
I Have Had My Wages Garnished, How Should I Proceed?
In an already difficult financial time, wage garnishments can be highly stressful for you and your family and make it impossible to keep your head above water. The good news is that there are legal means to alleviate or mitigate the impact of wage garnishment. The Holland Law Office and its team of wage garnishment lawyers have successfully provided options and relief to this catastrophic financial situation. Consult with them first and get back on the path to financial reassurance and prosperity.