Typically a creditor can garnish 25% of your wages. If you are already paying child support, that would typically count against the 25%, so sometimes a child support obligor can be exempt from wage garnishment by a private judgment creditor. Also, anything below minimum wage is exempt from garnishment as well.
If you have received a notice of intent to garnish, the first thing to do is to ensure that your employer’s name is on it. If it is not on there, that means they don’t know where you work, and the creditor is sometimes trying to trick you into calling them to negotiate something, and the first question they will ask is where you work, and then they will start garnishing you thereafter.
Also, if there is a judgment against you, you should keep your money out of the bank. They have to give you advance warning to garnish your wages so you can claim whether you are exempt from garnishment, but on bank accounts, they freeze the money first, then ask questions later.
A bankruptcy filing is often the easiest and most efficient way to prevent garnishment. If you are already getting garnished, we can usually recover what has been taken from you in the last 90 days. For further assistance, please contact Tim Theisen, Minneapolis bankruptcy attorney with his main office in Anoka and seven offices throughout the metro area.