After working hard for two weeks (sometimes even a month) everyone looks forward to that one day that makes it all worth it—payday. Imagine the shock and dismay that many people deal with when they realize that their hard earned money is being chopped away by a garnishment. Many us live paycheck to paycheck as it is so a wage garnishment definitely can throw us of track. Shock turns to despair because most people simply do not know how the garnishment hit our paycheck to begin with or what to do about it.
The laws regarding wage garnishments vary from state to state. In some states, like Texas wage garnishments are illegal. In New York State wage garnishments are not only legal but very common. The exception to a bar on wage garnishments would be certain types of student loans and unique financing available to members of the military.
Most wage garnishments are the result of a judgment being entered in as a result of a lawsuit of some kind. These are usually, credit card lawsuits, medical bills lawsuits, defaulted car loans and leases, and mortgage definciency judgments. Most judgments are obtained via default, meaning that you never appeared or had the opportunity to appear in court.
When someone is facing a wage garnishment it is usually best to hire a consumer law attorney. A consumer law attorney like Abel Pierre would be able to point you in the right direction and possibly even represent you to remove the garnishment. The creditors have very aggressive national law firms working hard on your side and you should have an attorney as well.
The first thing your attorney will be able to do is research the judgment that lead up to the garnishment. He or she, will be able to figure out if all of the appropriate procedures were followed during the lawsuit process. If there are any discrepancies, then your consumer law attorney will be able to file papers in court asking a judge to vacate the judgment. Your lawyer will usually have to go to court 2 or 3 times after filing the papers. Presuming your attorney is successful then your judgment will terminated as though it never happened. This will put an absolute end to the garnishment. This can also have positive effects on your credit history.
If a wage garnishment is eating away at your hard earned money, don't continue to suffer. Call the Law Office of Abel L. Pierre, Attorney at Law, P.C. Today! Even if you are outside of New York, we can direct you to the proper resources.