Wage Garnishment: Exposing the Myths and Uncovering the Facts About Exactly What Can Happen

Wage garnishment is one of the scariest and most upsetting things that can happen to someone. You make plans for the money you earn and suddenly realize that you are not going to receive as much in your paycheck as you thought. And that lower paycheck will be your reality, possibly for quite some time. There are many myths and misinformation out there about wage garnishment or wage levy, and if you find yourself 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 does not have to talk to you or ask your permission. It will just happen.

Myth #2 – Wage garnishment will occur without notice.

This myth is the flip side of #1. Although the government does NOT need your permission to start garnishing your wages, it DOES have to notify you. You will receive several notices BEFORE money is deducted from your salary. You will receive a Notice and Demand for Payment and then 30 days before the lien begins, you will receive a Final Notice.

Myth #3 – Once you receive your Final Notice, there is nothing you can do to stop the wage garnishment.

This is also a myth. Once you receive the Final Notice, you have 30 days to schedule a hearing before the wage garnishment begins. You still have time to work out a payment schedule on your own terms rather than submit to the terms of the lien.

Myth #4 – They have to leave enough in my paycheck so 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 salary is garnished.

This is a bit more complicated. Your employer is prohibited by law from firing you for your first wage lien. However, if he has two or more liens, he 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 delinquent student loans, unpaid court fines, and any type of money 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 at the same time. And, as mentioned in Myth #5, your employer can fire you for more than one garnishment.

The most important information to take away from this is that there is a lot of misinformation out there about wage garnishment. Be sure to get all the facts BEFORE the embargo begins. Talk to an expert about your options and what laws are in place to protect you. It is much easier to negotiate before the embargo begins than it is to change the provisions of the embargo after it has started. Don’t wait, get help right away!

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