What is a salary seizure?
A salary seizure occurs when a creditor obtains a court order directing an individual’s employer to withhold a portion of their salary and remit it to the creditor. This court order allows creditors to collect on debts that have gone unpaid for a significant period of time.
How many attachments can be made to a single salary?
The number of attachments that can be made to a single salary is determined by state and federal laws. These laws provide guidelines and restrictions on the maximum amount that can be garnished from a person’s salary.
Generally, federal law sets a limit on the maximum amount that can be garnished at 25% of an individual’s disposable income or the amount by which their income exceeds 30 times the federal minimum wage, whichever is lower. However, certain states may have their own laws with different limits on salary seizures.
Are there any exceptions to the limit?
While there are limitations on the quantity of attachments possible, there are exceptions to these limits as well. Certain debts, such as child support, alimony, and federal taxes, may have higher limits or no limits at all. These debts are given priority over other types of debts when it comes to salary seizures.
Additionally, if an individual is facing multiple wage garnishments, the total amount garnished cannot exceed the maximum limit set by law. In such cases, the percentages allocated to each creditor may need to be adjusted to ensure compliance with legal requirements.
What should individuals do if they believe their salary is being wrongfully seized?
If someone believes their salary is being wrongfully seized, it is crucial to seek legal advice from an attorney experienced in debt collection and wage garnishment. They can analyze the situation and determine if the garnishment is within legal limits. If it is not, the attorney can take appropriate action to rectify the situation and protect the individual’s rights.
Understanding the limitations of salary seizures is essential for both creditors and debtors. By knowing the quantity of attachments possible and the exceptions to these limits, individuals can better navigate their financial obligations. Seeking legal guidance in case of potential wrongful salary seizures ensures rightful protection and adherence to the law.