If you have defaulted on payments of a loan, creditors have a right to obtain a court judgement in order to take money out of your paycheck, which is known as wage garnishment. If your check or bank account is being garnished, or if you fear it will be, it is critical that you contact an experienced attorney right away. The Cincinnati wage garnishment lawyers at O'Connor, Acciani & Levy have years of experience representing individuals who have fallen behind in their payments and are facing an immediate risk of losing their income to a creditor. We can help you stop wage garnishment and develop a plan to restore your financial health.
What Is Garnishment?
Garnishment is a court order directing that a portion of a debtor’s earnings be withheld by an employer as payment of a debt. A portion of your income will continue to be removed from every paycheck until the entire debt is paid for or other arrangements are made to pay it off. In order to garnish your wages or bank account, a creditor must file a civil lawsuit in state court and obtain a judgement against you. You will then receive a notice informing you that a request has been made to garnish your wages. If you disagree with the court’s decision to take your funds, you have a limited amount of time, as listed on the notice, to file a hearing to dispute the garnishment. According to Ohio law, only 25 percent of your take-home pay (or the amount after taxes) can be garnished by creditors. There are some types of income that cannot be seized, including:- Workers’ compensation
- Unemployment
- Social Security retirement benefits
- Social Security Disability or Supplemental Security Income benefits
- Child support
- Alimony
