How Can Our Wage Garnishment Attorneys Help You?

It can feel embarrassing when your employer notifies you of a wage garnishment. You worked hard for your professional reputation, and you don't want your boss to think you are irresponsible. It's just that costs have been going up across Benton County, so it's been easier than ever for responsible people like you to fall behind. However, losing even more income can add to your stress, especially if you don't think the wage garnishment is fair or even legal.

Our Kennewick wage garnishment lawyers get it. For over 30 years, we've been defending honest Washingtonians just like you manage wage garnishments. We'll assess your financial situation, fight any illegitimate wage garnishments, and help you find legal debt relief to get your financial health back on track. Contact our attorneys at our Kennewick legal practice today, and we'll review your wage garnishment case for free.

Our attorneys don't just represent folks in Kennewick—we help our neighbors across the entire Tri-Cities area, including Pasco and Richland. Benton County is a great place to live and work because it has so much to offer families. Kids love the Carousel and the Playground of Dreams, adults love vineyards and wineries like Badger Mountain and Bartholomew, and everyone loves a trip to the Columbia Center Mall. The Tri-Cities area is also perfect for outdoor activities. You can bike the Sacagawea Heritage Trail Loop, fish or kayak on the Columbia, Yakima, or Snake Rivers, or take a day trip to explore the up-and-coming Clover Island. No matter what you love to do, you can find something fun for everyone.

However, it's hard to enjoy all the Tri-Cities have to offer when you are dealing with wage garnishments. With less income, it's harder to enjoy all of Benton County's attractions. Plus, the stress of garnishments weighs heavily on your mind as a reminder of the financial challenges that make even everyday life feel overwhelming. Further, while garnishments won't cost you your job, for Benton County workers in industries like finance, healthcare, or government, the impact on your credit score can risk your future career prospects and income.

In Washington state, wage garnishment is a legal process governed by both state and federal laws. If a creditor garnishes your wages in Kennewick, here is what will happen:

The wage garnishment process begins when a creditor files a lawsuit in Benton County District Court (for debts under $100,000) or Benton County Superior Court (for larger debts or complex cases). A process server from the courts will serve you a summons notifying you of the lawsuit and a complaint that lists the reasons behind it. At this point, you can respond or contest the claim in court. If you don't respond or lose the case, the creditor can obtain a default judgment.

If the court rules in favor of your creditor, they will issue a judgment, which is an official order confirming you owe a specific amount. It gives the creditor the right to pursue collection methods like wage garnishment. Keep in mind though that some of your debts, like back taxes or child support, do not require a court judgment for garnishment.

With a judgment in hand, the creditor files a request for a "Writ of Garnishment" with the Benton County court. The writ specifies the amount to garnish and the details of the collection process. Once approved, the court forwards the writ to your employer for execution.

The court sends the writ of garnishment to your employer in Kennewick. In Washington state, employers are legally obligated to comply. Failure to comply with a wage garnishment order can result in penalties.

Your employer calculates the garnishment amount based on the law. Both federal and Washington state laws limit the amount that can be garnished based on your disposable income, which is your earnings after mandatory deductions like federal and state taxes.

You will receive a copy of the writ of garnishment from either the creditor or the court, ensuring you are aware of the garnishment and its terms. If you believe there are errors or grounds for objection, you can file a motion to contest the garnishment in the same court.

Your employer will send the garnished funds directly to the creditor or agency. Until you pay the debt in full or the Benton County Court lifts the order, the wage garnishment continues. If there are multiple garnishments, the court will prioritize child support and tax debts before other obligations.

Speak with our Kennewick attorneys today if you need to dispute a wage garnishment or are looking for legal debt solutions. We'll protect your rights during wage garnishment.

Creditors are not allowed to just garnish as much as they want from your paycheck because there are limits under the law. At the federal level, under the Consumer Credit Protection Act (CCPA), a creditor can only garnish:

• Up to 25% of your disposable earnings or;
• The amount your weekly income exceeds 30 times the federal minimum wage, whichever is less.

Further, Washington state law follows federal limits for most garnishments, but certain debts, like child support or federal student loans, have different rules.

Washingtonians should also understand that the law protects some income from garnishment, including:

• Social Security Income/Social Security Disability Income
• Unemployment
• Child Support Payments

Additionally, if your income is low enough, you may qualify for a "head of household" exemption, reducing your wage garnishment limits further.

In Washington state, it is illegal for your employer to fire you because of a single wage garnishment. Federal law provides this protection under the CCPA. However, federal legal protection does not extend to multiple garnishments. This means if you have more than one garnishment order, such as for unpaid taxes and child support, your employer may have the right to terminate your employment.

Additionally, wage garnishment lowers your credit score. Jobs with a high trust level, particularly in finance, banking, and government, often require a good credit score. A poor credit rating due to garnishments can limit your career opportunities in these fields. This is where a wage garnishment attorney can help. They will address your debts to protect your career and financial future.

There are legal avenues to stop wage garnishments in Benton County. If you believe the garnishment is illegitimate or illegal, you can challenge it in court. Our wage garnishment attorneys will file a motion to stop the garnishment and demonstrate that the debt or garnishment contains errors or violates the law. We can also argue that the garnishment is causing undue hardship, potentially leading the court to lift or reduce the garnishment order.

Not only that, but we can help you explore legal debt solutions that can stop wage garnishments like:

• Bankruptcy: Filing for bankruptcy stops wage garnishments with the automatic stay. The automatic stay is a legal hold on all debt collection activities until the Washington State Bankruptcy Courts can rule on your case. The two types of bankruptcy that can help end wage garnishments are:
  • Chapter 7 Bankruptcy: Also called "liquidation bankruptcy," Chapter 7 will discharge most unsecured debts. Unsecured debts are debts with no collateral, like your credit card debts, bank loans, and medical bills. However, filing for Chapter 7 requires liquidating your nonexempt assets to pay off your debts.
  • Chapter 13 Bankruptcy: Also called "wage earners bankruptcy," Chapter 13 creates a repayment plan to pay off your debts over 3 to 5 years. While you must still repay a portion of your debts, it can stop wage garnishments.
• Debt Consolidation: With debt consolidation, you combine your debts into one loan or payment plan with manageable payments, often at a lower interest rate. During the process, your attorneys can negotiate with your creditors to end wage garnishments.
• Debt Settlement: An attorney can negotiate with creditors to settle your debts. Often, they can settle your debts for less than what you owe. Not only can this lead to a reduction in your total debt, but creditors may also agree to stop wage garnishments as part of the settlement.
• Offer In Compromise (IRS Tax Debt): If you owe back taxes, your attorney can help you submit an Offer in Compromise (OIC). An OIC is an agreement with the IRS or Washington Department of Revenue to settle your tax debt for less than the full amount owed. It can stop IRS wage garnishments and potentially reduce your overall tax debt.

No matter the circumstances of your wage garnishment, our Kennewick attorneys are here to help. We specialize in wage garnishment and have helped your neighbors across the Tri-Cities area get their finances back on track. We can help you, too. Call us now to schedule your free consultation.

That's why we're here—to help you fight back against wage garnishments, ease the pressure of your financial situation, and reclaim control over your financial future. Contact us today for a free case review, and we'll help you explore all your legal options for stopping wage garnishments.