Pioletti & Pioletti
Eureka, IL LOCATION
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As a wage garnishment lawyer Bloomington IL has trusted for over 79 years, Pioletti & Pioletti Attorneys at Law will leave no stone unturned when it comes to preserving your pay check from creditors. Hardship can come at any time and for any number of reasons, none of which are a concern for most of your creditors. You need an experienced wage garnishment lawyer in Bloomington IL to defend your rights.
What Is a Wage Garnishment?
A wage garnishment is a mechanism for collecting a debt. Typically, a creditor must first obtain a judgment in court for money owed. They then take that judgment to your employer, whereby the employer is mandated by law to begin deducting a portion of your wages each pay period. The amount that they can deduct depends on how much you are making. Federal law dictates the maximum amount they can deduct is 15 percent of each pay period.
A wage garnishment lawyer Bloomington IL trusts, Pioletti & Pioletti Attorneys at Law, is experienced in navigating the local laws that govern wage garnishments and how to defend them. Generally, Illinois laws work in your favor and are more restrictive than federal laws. Illinois laws restrict the amount dictated by federal law even further by dictating that wages can only be deducted from your gross wages — the amount of money you earn after taxes and other mandatory deductions are taken out. The amount that is subject to garnishment is further limited to the lesser of the following:
· Fifteen percent of your gross wages
· The amount of gross wages, calculated on a weekly basis, remaining after deducting the Illinois or federal minimum wage (whichever is greater) multiplied by 45.
For example, if your weekly gross wages are $500, 15 percent of that amount is $75. Alternatively, the minimum wage in Illinois in 2017, $8.25, multiplied by 45 is $321.25. The difference between $500 and $321.25 is $128.75 so the lesser amount between the two calculations, $75, would be deducted each week. Weekly gross wages would have to be $377.94 or less for the minimum wage-based calculation to apply.
Who Can Garnish Your Wages?
Consumer creditors, which can include credit cards, banks or medical creditors may garnish your wages only after receiving a court judgement. Debts for which garnishments do not require a court judgement are:
· Court-ordered child support payments
· Child support arrears
· Student loans that are in default
· Unpaid income taxes
Stop Wage Garnishment with Bankruptcy
Bankruptcy should not be taken lightly, as there are many considerations for how a bankruptcy might affect your future. The wage garnishment lawyer Bloomington IL relies on for our honest and straightforward council is here to cover all these bases with you. While there are exceptions to the rule in some rare situations, the most effective way to stop a wage garnishment or prevent one from beginning can be to file for bankruptcy. When a chapter 7 or chapter 13 bankruptcy is filed, an automatic stay goes into effect. Even though it may be a week or more before the garnishment is removed, any money garnished after the bankruptcy is filed will be returned. In addition to wage garnishments, all repossessions, bank account garnishments, and creditor calls and letters will stop as well. Let the wage garnishment lawyer Bloomington IL has turned to for four decades guide you through this process.
Your Bloomington wage garnishment lawyer, Pioletti & Pioletti, is committed to working with people to help them obtain debt relief and stop wage garnishments. If your employer is garnishing your wage, contact Pioletti & Pioletti, the wage garnishment lawyer Bloomington IL trusts, at 309-467-3213 for a free consultation to discuss what options you may have.
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