Pasco Attorneys Explain Your Wage Garnishment Options

With costs going up all across the Tri-Cities area, it's hard enough to make ends meet without your income getting cut. So, when your Pasco employer notifies you of a wage garnishment action against you, it can be financially devastating. Sure, you fell behind, but wage garnishment can feel very extreme. The worst part is that with less income, it's even harder to pay your bills now than before. How do they expect you to get out of debt?

In our 30 years of combined experience providing debt defense in Washington state, we've seen it so many times. Times get tough, responsible people fall behind, and then, suddenly, their entire financial future is in jeopardy. Luckily, we also have the experience to help those same people get out of debt, challenge wage garnishments, and rebuild their financial health. We can do the same for you.

You'll find us enjoying everything our Tri-Cities community has to offer. You'll often catch us exploring beautiful outdoor spaces like Sacajawea State Park and the Columbia River or hanging out at local events like the Pasco Farmers Market or Fiery Foods Festival. At lunch, you'll catch us at Proof Kitchen and Bar and Ciao Trattoria. On the weekends, you'll see us visiting the Franklin County Historical Society Museum or Exploration Center at LIGO. In the summers, you'll see us in the bleachers in Gesa Stadium cheering on the Tri-City Dust Devils.

If you're facing wage garnishments in the Tri-Cities area, call our local Pasco law office. We'll schedule a free, no-obligation consultation, where a skilled debt relief attorney will review your wage garnishment case and answer any questions you have about your rights in Washington state.

How Much Of My Paycheck Can Be Garnished In Washington State?

When you receive a wage garnishment order, the first question on your mind is: "How much are they going to take from my paycheck?" Fortunately, wage garnishment is not a free-for-all, and creditors cannot just take your whole paycheck. Under both federal and Washington state laws, there are limits to wage garnishment. Washington state law wage garnishment limits include:

• 25% of your disposable earnings (the income left after legally required deductions such as taxes)
• The amount your weekly disposable income exceeds 35 times the federal minimum wage

Currently, the federal minimum wage is set at $7.25/hour. Therefore, 35 times the federal minimum wage equals $253.75 per week.

Basically, if you have a high income, the courts will generally follow the 25% cap rules. If you have a low income, the courts could limit your garnishment under the second rule (the amount over $253.75/week).

The federal government also limits the amount that creditors can garnish from your paycheck under the Consumer Credit Protection Act.

Do know that certain types of debts do not have the same legal limits on wage garnishment. These include:

• Child Support And Alimony: Courts can garnish up to 50%–60% of your disposable earnings.
• Federal Student Loans: Under federal law, student loan debt collectors can only garnish 15% of disposable income.
• Unpaid Taxes: The IRS determines the wage garnishment amount based on your filing status and dependents. It refers to wage garnishment as “wage levies.”

When you work with our Pasco wage garnishment attorneys, we will protect your hard-earned paycheck by making sure the creditor, your employer, and the Franklin County Courts follow all legal limits. We can also help reduce the amount of your garnishment using legal protections like claiming head of household status. Count on us to review your income, expenses, and any exemptions you qualify for under Washington state law. If the garnishment order has errors or exceeds legal limits, we'll challenge it in Franklin County Courts to protect your rights.

Can I Appeal My Wage Garnishment In Franklin County?

Yes, you can appeal a wage garnishment order in Washington state if:

• You're the head of household.
• You have a low income.
• The garnishment order contains errors like the wrong debt amount or incorrect personal information.
• The garnishment will cause severe financial hardship.
• You were never properly notified about the debt or lawsuit.
• You file for bankruptcy.

If you need to challenge a wage garnishment order, your attorney will typically file the necessary paperwork in the Franklin County Superior Court. Once we file the paperwork, we can begin the process of legally challenging the garnishment:

1. File A Motion To Modify Or End The Garnishment: Your attorney will file a motion to quash or reduce the garnishment at the Franklin County Superior Court.
   1. Claim Exemptions: If you qualify for exemptions, such as being a head of household or if the garnishment amount exceeds legal limits, your Pasco attorney will file a "Claim of Exemption" form. The wage garnishment exemption form tells the court that Washington state law exempts certain portions of your income from garnishment.
   2. Challenge The Validity Of The Debt Or Garnishment Order: If you believe the garnishment has incorrect information, your attorney will challenge the validity of the garnishment order in court. The court will then review the evidence and determine if the garnishment is valid.
   3. Appealing an Improper Judgment: Your attorney may appeal the judgment if the garnishment occurred from a judgment you didn't know about or was improperly served. We may file an appeal in the same court or with a higher court, depending on the circumstances.
2. The Franklin County Court Sets A Hearing Date: Once our Pasco lawyers file the paperwork, the court will set a hearing date. At the hearing, the Franklin County Judge will review the motion and any supporting documentation submitted by your attorney. The court will likely schedule the hearing a few weeks out, giving both sides time to prepare.
3. A Franklin County Court Judge Reviews the Case: The Judge will review your motion and all the evidence your Pasco attorney presents.
4. The Hearing At Franklin County Court Begins: On the hearing date, your attorney will present arguments to the Judge about why the garnishment should be reduced or stopped. You may have to testify or provide additional evidence, such as pay stubs or a budget showing financial hardship. If present, the creditor's attorney may also argue in favor of the garnishment.
5. The Judge Makes a Ruling: After the hearing, the Judge will either make an immediate ruling or take the case under advisement. If the Judge rules in your favor, they may reduce or stop the garnishment entirely, depending on the evidence. Otherwise, the garnishment will continue, but you may have the option to appeal. Your Pasco attorney specializing in wage garnishment will advise on your next steps.

Our legal team has over 30 years of combined experience helping our neighbors challenge wage garnishments. Count on us to review your case and all your debt relief options.

Can Bankruptcy Stop Wage Garnishments?

Yes, filing for bankruptcy stops wage garnishments immediately. When you file for bankruptcy in Franklin County, whether you filed for Chapter 7 or Chapter 13, the Judge orders an automatic stay. An automatic stay is a legal order to pause all debt collection until the bankruptcy process concludes. You will no longer have a portion of your paycheck taken to satisfy most types of debts. However, it's important to note that not all debts are affected by bankruptcy. For example, garnishments related to child support or alimony typically won't stop with bankruptcy.

What If It Is Not My Debt?

If your wage garnishment is from a debt that is not yours or one you have already paid in full, the Courts will consider it wrongful. Wrongful wage garnishment is illegal, and you have a right to stop it. Your attorney will stop a wrongful wage garnishment by filing a Motion to Quash with the court. In the Motion to Quash, your attorney will detail why the wage garnishment is invalid under Washington state and federal laws. If the Franklin County judge agrees that the garnishment is wrongful, it will stop the wage garnishment and potentially order the creditor to return any wrongly taken funds.

Our Pasco Attorneys Are Experts At Stopping Wage Garnishments

If you want to work with skilled wage garnishment attorneys in Washington state, look no further than our Pasco legal team. As we enjoy exploring the Tri-Cities, we've seen firsthand how the costs have been steadily rising. From increased housing costs to rising prices at the grocery store, Pasco residents are feeling the strain. The last thing any of our neighbors need is to have their income further strained with wage garnishments. If wage garnishment is making it difficult to get by in Pasco, we're here to help. Our legal team will work with you to find relief. We'll handle everything so you can get back to enjoying life in the city without the constant worry of garnishments looming over your paycheck.

Contact us now to schedule your free one-on-one legal consultation. We’ll fight to protect your hard-earned income.

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