QUESTION
Can they take out two garnishments at the same time?
Asked on Oct 26th, 2016 on Bankruptcy - Colorado
More details to this question:
Can edd and a creditor garnish your wages at the same time? Two different garnishment at 25% each?
6 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, the limit on garnishment is on the total of all garnishments. So, if there is more than one garnishment, the limit will be split between them.
Answered on Nov 04th, 2016 at 6:15 PM
25% is the maximum allowed to be taken from your paycheck by creditors, unless one of the creditors is either for family support or is the IRS. If your employer is taking out more than this, you can file a complaint with the labor commissioner, a state agency that regulates your pay.
Answered on Nov 03rd, 2016 at 6:21 PM
2 Awards
No. The maximum amount that a person's wages maybe garnished is 25% of their gross pay.
Answered on Nov 03rd, 2016 at 6:21 PM
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No, they can not. The forms are confusing and I have see a lot of employers do this wrong. You might need to do a conference call with your payroll department and whatever creditor started garnishing 2nd to explain to them that a garnishment is already occurring.
Answered on Nov 03rd, 2016 at 6:21 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Many states have a 'one garnishment at a time' rule. Even without such a regulation, if taking the first garnishment leaves below the wage-exemption limit, the second one cannot take effect while the first one is in place. Talk to the clerk of small claims court in your locality to find out what is exempt.
Answered on Nov 03rd, 2016 at 6:21 PM