Can a debt collector garnish my wages?
In Washington, debt collectors can garnish a portion of your wages if you default on a debt. A debt collector is typically a third-party collection agency that purchases a debt from the original creditor and is seeking to collect on the debt. The garnishment process occurs when a debt collector pursues a court order requiring an employer to withhold a portion of a debtor’s wages and transfer the money directly to the debt collector. In terms of the dollar amount, the debt collector may not take more than 25% of a debtor’s disposable income or the amount by which the debtor’s disposable income exceeds 30 times the minimum wage, whichever is less. In other words, if someone is making minimum wage or less, their wages are usually not garnishable. In Washington, it’s also important to note that certain types of income, such as Social Security and retirement benefits, are considered exempt from garnishment. So even if a debt collector has a court order, they may not be able to garnish those types of income. Finally, regardless of the state, Federal law forbids garnishment of your wages if you’re in active military duty. Therefore, if you are currently serving in the military, then your wages are off limits to creditors.
Related FAQs
Can a debt collector sue me after the statute of limitations has expired?Can I settle my collection defense law case out-of-court?
Can I sue for damages if I have been the victim of deceptive collection practices?
What are the consequences of not paying a debt?
How do I determine the statute of limitations on my debt?
What are the consequences of not responding to a summons or complaint?
What types of evidence should I provide in a collection defense case?
What can I do if I am the victim of illegal debt collection practices?
How do I negotiate with a debt collector?
What is the Fair Debt Collection Practices Act (FDCPA)?
Related Blog Posts
A Beginner's Guide to Collection Defense: What You Need to Know - July 31, 2023What is the Fair Debt Collection Practices Act and How Does It Affect Your Rights? - August 7, 2023
How to Challenge Unfair Collection Tactics - August 14, 2023
Common Collection Defense Strategies that Could Help Your Case - August 21, 2023
Understand Your Rights: What You Need to Know About Collection Defense Law - August 28, 2023