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What are They?
Garnishments are, chunks of your income legally taken by others. There are many different situations where garnishments can arise. The most common are child support payments, court judgments against you by a creditor like a bank or lender, and back taxes owed to Idaho or to the IRS. Some people, like creditors, must get a court order to withhold your wages. Others, like the IRS, do not. However, regardless of the reason, garnishments can eat into a big piece of your paycheck.
Can I Fight Back?
Of course! Garnishments aren’t set in stone. There are legal maximum amounts that can be garnished from your paycheck. While the IRS doesn’t need a court order to garnish, they are also more open to negotiations for voluntary repayment plans. Furthermore, there are also a number of exemptions that allow you to set aside portions of your income. If your living situation changes and you need to pay more in rent, for instance, you could file for a hearing before a judge to try to get the garnishment reduced or eliminated. You may also make the argument to the court that you need a higher percentage of your income due to your needs.
The process of proving to a court that a garnishment is unfair can be complicated. Substantial legal research and understanding of the law can go into making an argument. Especially when facing a creditor like a large bank, they often have teams of lawyers and big-city firms backing their claims. The good news is you don’t have to go it alone. Kootenai Bankruptcy is dedicated to helping clients get a handle on their finances and start fresh. Schedule your free consultation with us today and we’ll take a look at your garnishments. We can give you specific advice about how to fight them. Call today to get the help you need.