Can a debt collector garnish my wages?

In West Virginia, a debt collector can garnish your wages under certain conditions. Federal law states that a debt collector cannot garnish more than 25 percent of your disposable income or the amount by which your income exceeds 30 times the minimum wage, whichever is less. However, a debt collector can only garnish your wages if it has obtained a court order from a court in the state. This court order means that a debt collector has already sued you in court and you have been found liable for the debt. Once the court order is issued, the debt collector can request the court for a garnishment to take effect. If a debt collector is successful in getting a garnishment, then your employer must comply with the order and deduct a certain percentage of your wages. That percentage is typically 25 percent of your disposable income or the amount by which your income exceeds 30 times the minimum wage, whichever is less. It is important to note that certain forms of income, such as Social Security and certain types of public assistance, are generally protected from garnishment. However, if you receive wages, the debt collector can usually garnish your wages to recover its debt.

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