Criminal Defense Lawyers

How To Stop Wage Garnishment in Vermont

How To Stop Wage Garnishment in Vermont

What is Wage Garnishment?

Wage garnishment is when a creditor gets a court order to take money directly from your paycheck to pay off a debt you owe them. It’s a legal way for creditors to collect what you owe – but it can put you in a really tough spot if a big chunk of your income is getting taken before you even see it.In Vermont, creditors have to go through the court system to get approval for wage garnishment. They can’t just start taking money out of your paycheck whenever they want. But once they get that court order, your employer is legally required to cooperate and withhold the specified amount from your earnings to pay back the debt.

Common Reasons for Wage Garnishment in Vermont

There are a few common debts that can lead to wage garnishment if you fall behind on payments:

• Credit card debt – Those high interest rates can make it really hard to get ahead when you’re struggling financially. Miss too many minimum payments and the credit card companies may sue.
• Student loans – Both federal and private student loans can potentially lead to garnished wages, though it’s more common with private loans from banks and lenders.
• Unpaid taxes – The IRS and state tax agencies will absolutely garnish your wages if you owe back taxes and haven’t set up a payment plan.
• Child support/alimony – In Vermont, failure to pay court-ordered child support or alimony is one of the most common reasons for wage garnishment.

So in a nutshell, if you’ve fallen behind on paying just about any major debt and the creditor takes you to court over it – wage garnishment gives them a way to forcibly collect that money from you.

How Much Can Be Garnished From Your Paycheck?

There are limits in Vermont on how much of your disposable earnings (what’s left after mandatory deductions) can be garnished:

• For most debts like credit cards, student loans, taxes – No more than 25% of your disposable earnings can be garnished.
• For child support/alimony – Up to 50% of your disposable earnings can potentially be garnished if you’re currently supporting another child/spouse. If not, up to 60% can be taken.

So at most, garnishment could leave you with just 40-50% of your normal take-home pay. That‘s a huge financial hit that could make it impossible to cover rent, groceries, and other necessities.The good news is there are legal ways to try to stop wage garnishment in Vermont before it happens or get it lowered to a more manageable amount. But you have to take quick action.

How to Stop or Reduce Wage Garnishment in Vermont

If you‘ve been notified that a creditor is pursuing wage garnishment against you, don’t panic – but don’t ignore it either. Here are some potential options:

File a Claim of Exemption

In Vermont, you’re allowed to claim a certain amount of your wages as exempt from garnishment to cover basic living expenses. The exemption amounts are:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

• 40 x minimum wage for a normal workweek – This is the minimum amount that has to be left untouched, no matter what.
• 84 x minimum wage for head of household – If you have dependents living with you, you can exempt this higher amount.

To claim an exemption, you have to file the proper paperwork with the court and your employer after receiving notice of garnishment. An experienced debt relief lawyer can help ensure it’s done properly.This won’t necessarily stop garnishment altogether, but it can at least limit how much is taken so you have enough to get by.

Set Up a Payment Plan

For debts like unpaid taxes or student loans, you may be able to stop garnishment by setting up a reasonable payment plan you can actually afford. The creditor may be open to this to get at least some of the money owed to them.But you have to be proactive about contacting them and negotiating before garnishment starts. Don’t wait until after your wages are already being garnished – it‘s much harder to get it stopped at that point.

Claim Bankruptcy (As a Last Resort)

If you’re completely overwhelmed by debt and creditors are coming at you from all angles, bankruptcy may be an option worth considering as a last resort. Filing for bankruptcy can immediately halt any existing garnishments and make it easier to get back on your feet.That said, bankruptcy has major long-term credit implications, so it’s not a decision to make lightly. But it does offer a fresh start when you’ve exhausted all other options.

Fight the Garnishment Order in Court

In some cases, you may have grounds to fight the garnishment order itself if proper procedures weren‘t followed or the creditor made mistakes. An experienced debt relief lawyer can review the specifics of your case and let you know if contesting the order is advisable.Potential issues that could get a garnishment order dismissed or amended:

• Creditor didn’t properly serve you with the garnishment paperwork
• Garnishment exceeds the legal limits based on your income and dependents
• Statute of limitations has expired on the debt
• You were never properly notified about the original debt
• The debt has already been settled or paid off

It’s an uphill battle, but if the creditor did make procedural errors, you may be able to get garnishment stopped or reduced through the courts.

The Importance of Quick Action

No matter which path you decide to take, the key is acting quickly as soon as you receive notice of pending garnishment. It‘s much harder to get it stopped or limited once it’s already started.And of course, ignoring the problem and just letting garnishment happen is never a good idea. That’s just asking for your financial situation to spiral out of control.So if wage garnishment is looming, take a deep breath – then take action to protect your income and get back on stable financial footing. It may not be easy, but regaining control is possible with the right guidance.

Get Professional Legal Help

Dealing with creditors and the complexities of debt litigation is never fun. Having an experienced debt relief lawyer (like the ones at Spodek Law Group) on your side can make a huge difference.We know all the ins and outs of Vermont‘s garnishment laws and procedures. We’ll explore every possible avenue to get garnishment stopped or minimized so you don’t lose your ability to make ends meet.It’s our job to stand up to aggressive creditors and make sure your rights are fully protected every step of the way. So if you’re staring down the barrel of wage garnishment, don‘t go it alone.Schedule a consultation with one of our skilled attorneys today by calling 212-210-1851 or visiting our website. We’ll listen to your situation and lay out a clear game plan to keep your paycheck safe.

Frequently Asked Questions

Can my employer fire me for having my wages garnished?

No, it is illegal under federal law for an employer to fire you simply because your wages are being garnished for a single debt. However, they are allowed to terminate you if you have multiple garnishment orders against you.

How long does wage garnishment last?

Wage garnishment typically continues until the full debt is paid off, though there may be limits on how long it can last for certain types of debts. If your financial situation changes, you may be able to get garnishment modified or ended early.

Do I have to pay any fees or costs for wage garnishment?

Yes, creditors are allowed to charge you additional fees and costs associated with the garnishment process on top of the original debt amount. These can add up quickly, so it’s wise to try to resolve things before it gets to that point.

Can my federal benefits like Social Security be garnished?

Federal benefits like Social Security, disability, unemployment, and veterans benefits are generally exempt from garnishment for most types of consumer debt. However, they can potentially be garnished for unpaid taxes, child support, student loans, and other federal debts.

What if I change jobs after garnishment starts?

The garnishment order applies to you as an individual, not just your current employer. So if you change jobs, you are legally required to notify the creditor of your new employment information so they can initiate a new garnishment order with your new employer.