Charlotte Wage Garnishment Attorney
Preserve Your Income When You Need It Most
When you are struggling to overcome massive amounts of debt, your income becomes crucial to your well-being. The consequences of this burden are more than financial—they are emotional and psychological. If a creditor is threatening you with wage garnishment or has already begun to collect payments directly from your paycheck, you may feel like you have no control over your situation. But with qualified legal support, you can advocate for your rights and pave the way to financial stability.
I, Kimberly A. Sheek, am a wage garnishment lawyer serving clients in Charlotte, NC. In my years of experience, I have seen hard-working families endure unspeakable tragedies, leaving them in financial ruin through no fault of their own. I will listen to your story with compassion and sensitivity, and then I will fight tirelessly for your right to a secure future.
If your wages have been garnished, or you believe they may be soon, contact us online or call (704) 842-9776 today. Our Charlotte wage garnishment lawyer is here to help you.
Can A Debt Collector Garnish Your Wages?
Yes, any debt collector or creditor may garnish your wages, however, some are required to meet specific conditions before doing so -- it depends on the type of debt it is.
In order to garnish wages, a debt collector must:
- File a lawsuit.
- Obtain a money judgment.
- Obtain a court order.
Some debts that require a lawsuit before wage garnishment are credit card debt or medical debt.
Those who are not required to file a lawsuit before garnishing wages are for:
- Child support
- Spousal support
- Income taxes that are unpaid
- Student loans
What's the Difference Between Levy and Garnishment?
A levy is withdraws funds directly from your checking or savings account until a debt is completely paid. Creditors opt for this because they are not permitted to collect debt through wage garnishments. Wage garnishments deduct a percentage of your income and must be requested through a court of law.
How Does Wage Garnishment Work in North Carolina?
The portion of your wages that may be garnished depends on the type of debt you owe, as well as your income. It may range from 0% (if your disposable income is less than 30 times the federal minimum wage) to 60% (for child support if you aren’t currently supporting a spouse or child).
Before garnishing your wages, a creditor must file a collection lawsuit and receive a money judgment from a court of law. This money judgment states that the creditor is entitled to a certain amount of money, and they can therefore utilize a variety of methods to collect it.
Call (704) 842-9776 for a free consultation via telephone with our skilled wage garnishment attorney serving Charlotte. Attorney Kimberly A. Sheek has over a decade of experience.
Protections for Debtors in North Carolina
When it comes to wage garnishment, North Carolina protects debtors more than most other states. Among NC’s various restrictions is the fact that independent contracts and freelancers are not subject to wage garnishment because their income is not technically considered “wages.”
Under North Carolina law, your employer can be ordered to withhold wages and send them to a creditor as payment for only four types of debts:
- Student loans
- Child support/alimony (the most common reason for wage garnishment in NC)
- Ambulance services in certain counties
Employers cannot, however, be ordered by North Carolina courts to withhold wages for car loans, credit card debts, and other personal debts. Unfortunately, a creditor may be able to successfully file for wage garnishment through another state, even if you live and work in North Carolina. Employers may also be allowed to deduct an additional amount from your wages for administrative costs, but if you believe this deduction exceeds what they are allowed, you can file a complaint with the North Carolina Wage and Hour Bureau.
How Much Of My Gross Wages Are Garnished?
A limit of up to 10% of your gross wages may be garnished. This protection is through the North Carolina Department of Revenue. Other garnishment percentages are based on the type of debt and follow federal law.
Below are some federal percentages:
- Garnishments based out-of-state: up to 25% of disposable income
- Child support: up to 50% of your disposable income
- Defaulted student loans: up to 15% of your disposable income.
If you have more than one wage garnishment, the total amount that may be garnished is 25% of your disposable income. For more information, reach out to our wage garnishment attorney in Charlotte. We can take a look at your situation and help you understand what your options are. Call (704) 842-9776 for a free phone consultation.
Get protected today. Call a Charlotte wage garnishment lawyer at (704) 842-9776.
Can My Wages Be Garnished Without Going to Court?
Regular creditors cannot garnish your wages without going to court, however, there are certain circumstances in which your wages may be garnished without a court judgment.
These creditors do not need a judgment:
- IRS or state tax authority, if you owe back taxes
- People or agencies, if you owe child support or spousal support
- Collectors of student loans
Although they do not need to go to court for this, they are required to provide you a notice along with time to object before your wages are garnished. The procedures for these notices are different depending on which agencies are involved in the matter.
Can a State Garnish Wages in Another State?
Generally, if a court issuing the wage garnishment has jurisdiction over the employer, then the order is valid -- the procedures and exemption result from the state that is issuing the order applies. However, compliance regarding out-of-state wage garnishment may become complicated because there may be some exceptions and special rules for certain cases. Other types of garnishments such as federal or state debt garnishments or tax levies follow different rules. For example, federal debt collection garnishments apply across all states.
If you receive a wage garnishment outside of North Carolina, reach out to an experienced wage garnishment attorney near you at the Law Office of Kimberly A. Sheek. Call (704) 842-9776 today.
Fight Wage Garnishment With Bankruptcy
One of the main methods of ending wage garnishment is filing for bankruptcy because it triggers an automatic stay. Many view this option as a last resort because they fear they will lose all their assets, or their credit will be forever tarnished. With my help, however, you can file for bankruptcy and still protect what you value most. We will devise a strategy together so that your bankruptcy proceeding serves as a new beginning.
Filing for Chapter 7 bankruptcy allows you to end wage garnishment and clear most or all of your debt by liquidizing your assets. A means test will evaluate whether you meet the requirements for this type of proceeding. Chapter 13 bankruptcy, on the other hand, does not eliminate your debt. Instead, the proceeding will structure your debt into a reasonable payment plan over 3-5 years. Like Chapter 7 bankruptcy, it ends wage garnishment—even for domestic support obligations such as child support or alimony.
Call a Wage Garnishment Lawyer in Charlotte Today
My firm will help you determine which option of bankruptcy is the right path for you. I believe in your right to the money you earn, and I will work to develop a plan that will help you not just survive but thrive.
Call the Law Office of Kimberly A. Sheek at (704) 842-9776 or schedule your consultation online today. With my help, relief may come sooner than you thought possible.