Marietta, Georgia attorneys protecting debtors’ income from unlawful taking
With more than 80 years of combined experience, our Marietta and Atlanta lawyers at Smith, Dettmering, Morgan, Schnatmeier & Collins, LLP aggressively advocate for debtor rights. We analyze your financial situation to determine the most effective remedies to your credit issues. Our attorneys make solid recommendations regarding debt consolidation, bankruptcy, foreclosure defense and credit repair. In addition, we defend you against wage garnishment actions that can impose a substantial financial burden on you and your family.
Understanding your rights under wage garnishment laws
Wage garnishment is a procedure by which a court can order an employer to withhold the earnings of an employee for purposes of paying a debt. Under Title III of the Consumer Credit Protection Act (CCPA), an employer is prohibited from discharging the employee because of the garnishment action taken on one debt, but is not forbidden from discharging an employee who has a second or subsequent garnishment placed against earnings.
CCPA restricts the amount of wages subject to garnishment during any one-week period. Earnings that may be subject to garnishment include hourly wages, salaries, bonuses, commissions, pensions and retirement payments, but usually exclude tips. These protective provisions of the federal laws are administered by the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL). If Georgia wage garnishment laws differ regarding the prohibition against employment termination and the restrictions on amount of earnings allowed to be garnished, the WHD laws apply.
How to stop wage garnishment in Georgia
The issuance of a wage garnishment order depletes your hard-earned income, diminishes your control over your financial organization and reduces your ability to negotiate with your creditors for partial debt relief. A second garnishment action can even place your job at risk because you no longer receive the protections of the CCPA. Our team takes decisive steps to protect the rights of debtors by preventing wage garnishment before an order is issued. If appropriate in your case, we may negotiate with creditors for settlements that include schedules for repayments that are in arrears. We may analyze whether bankruptcy can protect your job and your assets and whether this tactic is in your best interest. Our team also skillfully represents you during garnishment hearings to argue against the unfair and unreasonable taking of your wages.