WAGE/SALARY PROTECTION
Wages are one more avenue through which the creditors/collectors may “steal” your money if they obtain a judgment against you. When I say wages, I mean your paycheck or your earnings as a W-2 employee. 99% of all Garnishments are done against wage earners and not self-employed individuals. Why? Because it is much easier for the judgment creditor to deduct a portion of your paycheck through payroll with a court ordered “writ of garnishment”, before the check is cut, as opposed to coming after a check of self-employed persons who pay themselves and may have additional partners involved.
So how can you be protected from wage garnishment if you’re a wage earner?
- If you live in PA, SC, NC or TX your wages should already be protected from garnishment by state law. These three states strictly prohibit any wage garnishment except for some government monies such as child support, taxes, or alimony, etc.
- If you live in FL or NH, then your wages are also protected, but not in all cases. In FL there a “Head of Household” exemption which can be applied for in order to protect wages. In NH wage garnishment is limited by a strict legal process, making it more difficult for creditors to garnish. Most other states can garnish from 10-25% of your gross earnings monthly or weekly if not protected.
- If you happen to be in one of the states which does allow wage garnishment you may qualify for reductions or an Exemption. Call our office at: 718-615-0123 for more details.
* All information on this website is for educational purposes and is not intended to replace investment, legal or financial advice from a licensed professional.
