A garnishment is a legal process that allows an entitled party (usually referred to as the garnishor) to collect a monetary judgment from an indebted individual (often referred to as the garnishee). Wage garnishment is the most common type of garnishment and involves money being taken directly from a garnishee's paycheck.
Creditors are limited in the amount of wages that can be garnished, but any type of garnishment can dramatically affect an individual's finances. One way to end wage garnishment is by filing Chapter 7 or Chapter 13 bankruptcy.
Bankruptcy Attorney in Cincinnati, OH to Stop Garnishments
Are your wages being garnished by a creditor in Kentucky or Ohio? It may be beneficial to end these garnishments by filing for Chapter 7 or Chapter 13 bankruptcy.
The Cincinnati bankruptcy lawyers of Steiden Law Offices have Ohio offices in West Chester, Maineville, and Cincinnati as well as Kentucky locations in Covington and Florence. Call right now to receive a free, confidential consultation that will allow our attorneys review your case and answer all of your legal questions.
Northern Kentucky Stop Garnishments Information Center
- What causes wage garnishments?
- What does bankruptcy filing do to wage garnishments?
- Where can I find more information about how to stop garnishments in Cincinnati?
Many creditors cannot garnish wages without first obtaining court orders. Court judgments are required for wage garnishments such as those based on unsecured debts like credit card bills and medical expenses.
Certain types of debt, however, can result in garnishments without court orders. A debtor may have his or her wages garnished without a court order if he or she owes:
- Domestic support obligations (child support, alimony, etc.);
- Unpaid income taxes; and
- Student loans.
In most cases, federal law limits creditors to garnishing no more than 25 percent of a debtor's earnings or the amount by which the debtor's disposable earnings for that period surpasses 30 times the federal minimum hourly wage, whichever is less. Debtors may object to wage garnishments, but one way to effectively end most garnishments is to file for bankruptcy.
When a person files for Chapter 7 or Chapter 13 bankruptcy in Ohio or Kentucky, an automatic stay goes into effect that immediately ceases all debt collection efforts. One of the types of debt collection that can end is wage garnishment.
If debtor files for Chapter 7 bankruptcy, it may be possible for the wage garnishments to be completely discharged. In a Chapter 13 case, the wage garnishment debts may be worked into the debtor's repayment plan.
Again, bankruptcy will not end all types of wage garnishments (see the types of garnishments that do not require a court order listed above). Filing bankruptcy, however, usually helps debtors get rid of many other kinds of debts such that the garnishments that cannot be discharged will be less of a financial burden.
Fact Sheet | Wage and Hour Division (WHD) | U.S. Department of Labor — The WHD is responsible for ensuring that workers in this country are paid properly and for all the hours they work, regardless of immigration status. Visit this website for more information about garnishment, including limitations on garnishments under Title III of the Consumer Credit Protection Act (CCPA). The website discusses how earnings are defined, limitations on certain types of earnings, and exceptions to garnishments.
Chapter 2716: Garnishment | Ohio Revised Code — View the full text of state laws governing garnishments in Ohio. You can learn more about garnishing personal earnings or property of judgment debtor, form for notice of court proceeding to collect debt, and commencing the proceedings for garnishing personal earnings. You can also find information about filing an affidavit of current balance due on garnishment orders, payments on continuous order of garnishing earnings, garnishment of property, and other than personal earnings of the judgment debtor.
Kentucky Revised Statutes | Chapter 425 — Sections .501 through .526 of this chapter of the Kentucky Revised Statutes deal with garnishment. View the full text of the state laws on this website. You can find information about proceedings for obtaining an order of garnishment, failure of the garnishee to appear, and the procedure if garnishee is indebted to the defendant.
Steiden Law Offices | Cincinnati Bankruptcy Attorney
If your wages are being garnished in Kentucky or Ohio, you should seek legal representation for help achieving financial relief? Steiden Law Offices assists individuals in communities throughout Hamilton County in Ohio and Kenton County and Boone County in Kentucky.
Our Cincinnati bankruptcy lawyers are dedicated to helping you get a fresh start. They can provide an honest and thorough evaluation of your case when you call or complete an online contact form to schedule a free initial consultation.