At Therman Law Offices, we understand the need for a Chicago wage garnishment lawyer because it can be an extremely stressful and difficult experience to deal with, which is why we are here to help guide you through this process so that you will feel comfortable with the legal process and understand your options.
Why does someone want to garnish my wages?
In order to collect on a judgment, a creditor will often ask for permission from a court to garnish wages. This can be done either via an Employee’s Withholding Order (or court order) or through collecting from an employer directly. If a court allows a creditor to garnish your wages, your employer must take money out of your paycheck and send it directly to your creditor. If you are under 21 years old, then there is typically no limit as to how much money can be garnished from each paycheck. However, if you are over 21 years old and earn at least $730 per week in gross income, only up to 25% of what you earn may be garnished.
What types of employers can get involved in wage garnishment?
The term employer has a very broad definition under Illinois law, and includes companies and individuals who are: (1) hiring a person to work in a business; (2) offering jobs for which a fee is charged; (3) paying an individual as an independent contractor; or (4) offering jobs through employment agencies. Under these definitions, many different kinds of employers can get involved in wage garnishment. For example, if you are hired by a company to do repair work on their office building and they pay you directly, your wages can be garnished if you fail to pay your bills. If you’re hired by a staffing agency that places you at several different companies over time but pays you directly each time, your wages can be garnished if you fail to pay your bills. And finally, if one of those companies that hires you as an independent contractor fails to pay its own bills and files for bankruptcy protection, its creditors may try to collect from your wages instead of going after its assets.
Can I fight wage garnishment?
If you can’t pay your debts because you lost your job, filed for bankruptcy or are otherwise struggling financially, you might be concerned about how wage garnishment will affect your bank account. Unfortunately, being served with a lawsuit to collect on a judgment is an unpleasant surprise. If you find yourself wondering if there is anything you can do to defend yourself from wage garnishment in Chicago — and whether filing for bankruptcy is an option — you should get in touch with a local attorney as soon as possible. The financial and emotional consequences of wage garnishment are serious, so consulting an experienced lawyer in Chicago from Therman Law Offices who knows how to stop and overturn legal actions like that can make all of the difference.
Are there other options besides having wages garnished?
There are other ways that you can resolve a financial obligation outside of garnishing wages. The best option will depend on your specific situation, but there are options for businesses and individuals alike. For example, if you have assets like property or stocks, those could be sold to pay off a judgment. Another option is to ask for additional time to pay off an old debt as long as you’re making some effort towards doing so already (paying late fees each month, for example). If neither of these apply to your situation, however, then garnishing wages may be your only choice. An experienced Chicago Wage Garnishment Lawyer at Therman Law Offices can help review all of your options with you so that you’ll understand what outcomes are likely in any scenario—and whether it makes sense financially or otherwise to proceed in court.
If I lose my job because of wage garnishment, what happens next?
A garnishment order is a legal document that requires your employer to give money to another party. If you receive such an order, you may be able to stop it, depending on why it was issued and what kind of debt it covers. In most cases, you will need to talk with a lawyer about options for dealing with a wage garnishment. For more information on these issues, contact an experienced Chicago Wage Garnishment Lawyer at Therman Law Offices who handles such matters as soon as possible.