KEEP YOUR PROPERTY.
How Spokane Attorneys Can Stop all Wage Garnishments
With increasing costs, cash is tight enough without losing your income, so it can be extra stressful when you receive a notice of wage garnishment. With less earnings, you may be wondering how you will make ends meet, pay your bills, and save for the future. Not only that, you may be worried about how wage garnishments could affect your career, how your employer sees you now, and whether or not you'll still keep your job.
Our wage garnishment attorneys understand how such circumstances can damage your finances. With our knowledge of legal options for debt relief, we can help you stop wage garnishments fast. Further, because we know what legal and illegal wage garnishments are in Spokane, we'll make sure the wage garnishment is legitimate. If it isn’t, we’ll do what we can to stop it and may even pursue financial damages.
With over 30 years of legal expertise protecting Spokane County and Washington state residents just like you, we have a thorough knowledge of Washington's wage garnishment laws. Contact us now for a free consultation.
Why Are My Wages Being Garnished?
Your wages are being garnished because a creditor or government agency has obtained a Spokane County Courtjudgment against you, ordering your employer to withhold part of your earnings to pay off a debt you owe. You may face wage garnishments if you have unpaid:
- Credit card bills
- Medical debt
- Child support obligations
- Tax delinquencies
- Student loans
- Personal loans
- Car loans
- Mortgage payments
- Court-ordered judgments (from lawsuits)
- Utility bills
In Spokane, a creditor or agency must go through a legal process to initiate wage garnishment, and state and federal laws limit the amount they can garnish.
Can I Stop Wage Garnishments in Spokane?Yes, an attorney can help you stop or reduce wage garnishments and take several actions on your behalf. We may file a motion to stop the garnishment if it was improperly issued, challenge the underlying judgment, or help you claim exemptions that could reduce the amount taken from your wages. Additionally, an attorney specializing in Washington wage garnishment laws can negotiate with creditors or agencies to settle the debt or establish a more manageable repayment plan, preventing further garnishment.
If you're facing wage garnishment, contact our Spokane wage garnishment attorneys right away. We'll help you understand your rights, explore your legal options, and work to protect your income.
Who Can Legally Garnish Your Wages in Spokane?In Spokane County, several entities can legally garnish your wages in specific circumstances:
- Creditors With Court Judgments: If you owe money to a creditor and they sue you in court, they can request a judgment. Once they obtain it, they can then apply for a wage garnishment order, which typically requires a court hearing and proof that you have failed to pay your debts.
- Child Support Agencies: In Spokane, child support payments are one of the most common reasons for wage garnishment. When you fall behind on child support payments, the Washington State Department of Social and Health Services (DSHS) can initiate a wage garnishment to enforce payment without a court hearing.
- The Internal Revenue Service (IRS) Or The Washington State Department of Revenue (DOR): The IRS can legally garnish your wages if you fail to pay federal taxes. Similarly, the Washington State DOR can garnish wages for unpaid state taxes. Both federal and state tax authorities do not require a court order to begin wage garnishment and can start the process right after sending notices of overdue taxes.
- Student Loan Providers: If you default on federal or private student loans, the S. Department of Education or a private loan servicer can garnish your wages. For federal student loans, wage garnishment can happen without a court order. Still, federal regulations set wage garnishment limits at up to 15% of your disposable income.
- Other Government Agencies Or Private Creditors: Other government entities or private creditors can garnish wages based on different types of debts. For example, a judgment creditor can garnish your wages for overdue rent, medical bills, or other personal debts. Additionally, collection agencies might pursue wage garnishment for debts like unpaid loans or credit card balances.
If you are facing wage garnishment in Spokane, seek legal advice from our qualified lawyers. We'll help you understand your rights, explore potential defenses, and take steps to protect your income from excessive garnishment.
Are Their Limits on Wage Garnishments?In Washington state, wage garnishment is limited to whichever is less:
- 25% of your disposable income
- The amount of your weekly income exceeding 30 times the federal minimum wage
Disposable income is the amount remaining after legally required deductions. Washington's legal limits protect your earnings from excessive garnishment, so if creditors are garnishing your wages above the legal limit, contact our Spokane lawyers immediately to protect your rights.
What if a Creditor Illegitimately Garnishes My Wages?If a creditor has illegitimately garnished your wages in Spokane, you must speak with our attorneys. We'll take legal action to protect your rights and lift illegal garnishments. Here's how:
- File A Motion To Stop the Garnishment: We will file a motion with the Spokane County Superior Court to stop the garnishment if it does not have proper legal grounds or if there's an error in the garnishment amount. We will present evidence showing the garnishment is unlawful.
- Challenge The Wage Garnishment Judgment: If the garnishment is issued from a judgment you were unaware of or believe was wrongfully granted, we will file a motion to vacate the judgment. We will challenge the legitimacy of the court decision and provide the necessary legal arguments and evidence to support your case.
- Seek Damages: If the garnishment is illegal, we could file a lawsuit against the creditor for violating your rights. In some cases, you may be entitled to compensatory damages, including any lost wages, emotional distress, or financial harm caused by the unlawful garnishment.
- Request Reimbursement: If creditors wrongfully garnish money from your wages, we could help you request reimbursement. We will file motions to have the funds returned and work with the court to recover any amounts taken without proper authorization.
- File A Complaint With Regulatory Agencies: We can file complaints with state or federal agencies, such as the Consumer Financial Protection Bureau (CFPB) or the Washington State Attorney General's Office. These government agencies can investigate the creditor's actions and hold them accountable for unlawful practices.
- Negotiate A Settlement: If the creditor has caused you financial harm due to improper garnishment, we could negotiate a settlement to reduce the debt or negotiate a more favorable repayment plan. We may also seek to have the garnishment vacated or dismissed entirely.
Our Spokane County attorneys will make sure the garnishment stops and that the Spokane County Courts punish any illegal activity to the full extent of the law. If you are dealing with an unlawful wage garnishment, call us now for a free consultation.
Can My Employer Fire Me For Wage Garnishments?In Washington state, an employer cannot fire you for a single wage garnishment. Further, the federal Consumer Credit Protection Act (CCPA) protects you from termination due to one garnishment order. However, if you have multiple wage garnishments, an employer may have the right to terminate your employment. They are not required to keep you if they face multiple garnishments, and company policies may allow for dismissal in such cases. Consult with our Spokane wage garnishment attorneys immediately if you're concerned about your job security because of wage garnishments.
Our Top-Rated Spokane Wage Garnishment AttorneysAlthough employers are not legally allowed to fire you for wage garnishments, they can impact your career–especially in sensitive industries. For example, for our military service members at Fairchild Air Force Base, a garnishment could affect their ability to obtain security clearance, halting their career advancement. In the healthcare industry, poor credit ratings from wage garnishments make it harder for professionals to obtain necessary job certifications. For construction workers, financial issues like wage garnishments hinder the ability to bid on contracts, especially in Spokane's highly competitive market.
Furthermore, with increasing rent prices, higher utility costs, and the steep cost of healthcare in Spokane, wage garnishments put even more pressure on Spokanites, making it difficult to manage finances every day. If you're dealing with the threat of wage garnishment, it's important to act quickly to protect your rights. Our experienced attorneys can help protect your income and career by providing legal strategies tailored to your unique situation.
We fight to protect your right to your earned wages. Contact our knowledgeable Spokane wage garnishment attorneys for a free consultation now.