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[an error occurred while processing this directive] A wage garnishment guide by GotTrouble.com

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Wage garnishment

If you don't pay your debt, your creditor might be able to "garnish your wages" - require your employer to pay part of your wages to the sheriff who will forward them to your creditor. This can be quite embarrassing, as well as inconvenient. You should know your rights before this happens.

What is a "wage garnishment"?
May my employer fire me because my wages were garnished?


What is a "wage garnishment"?

If your creditor sues you and obtains a court judgment against you which you don't pay, he may collect that judgment by having the court order your employer to take no more than 25% of your paycheck and pay that money to the sheriff, who will forward it to your creditor.

May my employer fire me because my wages were garnished?

No. Your employer is prohibited by law from taking any negative action against you because of the wage garnishment.

But as a practical matter, there might be little you can do to prevent your employer from forming a negative opinion of you, which might affect your ability to obtain promotions and raises later on.

 

The "reasonable expectation" of the consumer

Consumers have a right to have their "reasonable expectations" fulfilled. For example, a new car buyer can expect the manufacturer to repair problems that are expressly mentioned in a warranty within the warranty period.

 

What federal laws protect consumers from lemons?

Federal laws are enacted by the United States Congress. The federal law that deals with car sales is called the Magnuson-Moss Warranty Act.

 

The Magnuson-Moss Warranty Act

This body of Federal law protects the consumer of any product worth more than over $25.00 that comes with an express written warranty. The Magnuson-Moss law provides for disclosure of warranties before the purchase of the vehicle. For example, under a written warranty, if any part of the vehicle is defective, the warrantor must permit the buyer the choice of either a refund or replacement of the vehicle.

For further information about what specific rights and protections this law provides, consult an experienced consumer attorney.

 

Should I see a lawyer?

Yes. Consumer law in this area is highly technical. Not only is there federal law covering this area, but also state law - which varies from state to state.

You might do something that you think is fair under the circumstances but might in reality seriously prejudice your rights. Play it safe and see a consumer attorney near you.

 



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