Wage garnishment is a legal practice in Arizona that allows a creditor to collect debt through salary deduction. Here’s a summary of the Arizona wage garnishment process:
Creditor Lawsuit
First, a court of law must issue a judgment against you. The creditor must initiate a lawsuit against you and show that you owe the sum in question.
Notice of Wage Garnishment
The creditor must issue a Notice of Right to Claim Exemptions and a Writ of Garnishment. The Notice of Right to Claim Exemptions explains your rights and how to apply for any exemptions that you may be eligible for.
Exemptions
Certain types of income in Arizona are exempt from garnishment. Social Security benefits, unemployment compensation, disability benefits, and public assistance are a few examples of excluded income.
Garnishment Order
A Garnishment Order means a certain portion of your wages will be withheld by your employer. Your employer is responsible for executing the deduction and sending it directly to your creditor.
Wage Garnishment Limits
The maximum deduction is 25% of your disposable income, the amount left after deductions. Or the amount exceeding your income 30 times the federal minimum wage.
Ongoing Garnishment
To halt ongoing garnishments, you would need to work out a repayment plan with your creditor or repay your debts entirely. The other option is to file for an exemption.
Be smart with your financial strategy. The scenario above is only for one creditor. Several creditors may attempt to garnish your pay. And this would result to a bigger deduction. Seek help from a licensed professional to help you with debt management.
Consult with a lawyer who specializes in consumer law or employment law. They can assist you through the process, defend your rights, and look into your options for getting out of debt.