Can a debt collector garnish my wages?

In West Virginia, debt collectors can garnish your wages if you fail to satisfy a debt. The amount of money they can take from your wages, also known as wage garnishment, is regulated by Consumer Debt Defense Law. Garnishment is a powerful collection tool used by creditors to collect on delinquent debts. Under West Virginia law, garnishment can be done in two ways: through court order or voluntary agreement. A court order is issued by a judge in response to a lawsuit filed by a creditor. It requires that a portion of your wages be withheld to pay an outstanding debt. In contrast, a voluntary wage assignment agreement is signed by the debtor- allowing the creditor to receive part of the debtor’s paycheck directly from his employer. Consumer Debt Defense Law caps the amount of wages that can be garnished. Unless a court order states otherwise, no more than 25% of your wages can be garnished. Your wages can also be garnished for things like child support payments and unpaid taxes. In West Virginia, you can challenge or stop a wage garnishment if your wages are already being garnished or if you receive a court order. You can contact the court or your creditor to inform them of your situation and ask them to reduce the amount being taken out of your paycheck. The court may also decide to reduce or waive the payments if you can demonstrate that the garnishment of your wages would cause you and your family financial hardship.

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Can a debt collector garnish my wages?

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