Wage Garnishment Attorney in Gresham & Beaverton, Oregon

According to a 2016 Wage Garnishment study from the ADP Research Institute, approximately 7% of the U.S. workforce have had their wages garnished. Wage garnishment is among the many different tools that creditors can use to recover debts and past due payments from debtors. Through a court order, your employer may be asked to withhold your income to pay certain debts. If your wages have been garnished and you want to understand your rights, you should consult with an experienced Oregon bankruptcy attorney for detailed guidance.

Bankruptcy attorney Lyndon Ruhnke has the experience and resources needed to guide, support, and represent clients in debt relief and wage garnishment-related matters. He is available to discuss your unique situation, answer your questions about what to expect when your wages are garnished, and help you explore all available legal options to stop the wage garnishment. 

As your legal counsel, Lyndon Ruhnke can fight diligently to protect your rights, fight to stop creditor harassment, terminate any wage garnishments, and negotiate a feasible debt resolution plan with your creditors. Lyndon Ruhnke, P.C. is proud to serve clients throughout Gresham, Beaverton, and Portland, Oregon — so call or reach out today to schedule a free consultation.

What is Wage Garnishment?

Wage garnishment can be described as a legal procedure whereby a portion of an employee's earnings is withheld by their employer through a court order. Through wage garnishment, your employer will receive a court order instructing him or her to deduct a portion of your paycheck to settle your outstanding debt, back taxes, or other domestic support obligations, such as alimony or child support. Your wages may be garnished until you repay your debts or fulfill your domestic support obligations.

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Types of Debt Eligible for Garnishment

When it comes to the process of wage garnishment, only certain kinds of debt are eligible for wage garnishment. If you fall behind on any of the following types of debt, you may  be subjected to wage garnishment:

  • Child support
  • Alimony or spousal support
  • State income taxes or back taxes
  • Federal student loans
  • Credit cards, medical bills, and all other consumer debt.

How Much Can Be Garnished?

The amount that may be garnished typically depends on the type of debt you have.

Child Support & Alimony

Under federal law, your creditor can garnish:

  • 60% of your disposable income when supporting only one child or spouse
  • 50% of your disposable income when you are supporting another child or spouse

Taxes 

Usually, about 15% of your disposable income can be subjected to wage garnishment to repay state income taxes or back taxes. However, the exact amount is often determined by the IRS.

Federal Student Loans

Federal student loans are pretty straightforward. Up to 15% of your disposable income can be subjected to wage garnishment if you owe a significant amount of debt for federal student loans.

Credit Cards & Other Debts

Under federal law, your creditor can only garnish one of the following, depending on which is the lower amount:

  • 25% of your disposable earnings, or
  • Your disposable earnings less than 30 times the federal minimum wage

Laws Addressing Wage Garnishment

There are a number of different laws that legislate how wage garnishment works in Oregon. Here are just a few of the federal and state laws that address wage garnishment:

Title III of the Consumer Credit Protection Act (CCPA)

Under the wage garnishment provision of the Consumer Credit Protection Act (CCPA), employees are protected from being discharged by their employers because their wages have been garnished for any one debt. Also, Title III limits the amount of an employee's earnings that may be garnished in any one week. However, an employee who has his or her wages garnished for a second time or for subsequent debts is not protected from discharge under Title III.

Recent Changes to Oregon Law

According to Oregon Revised Statutes Section 18.385, 75% of the disposable earnings of an individual are exempt from wage garnishment. As of January 1, 2020, other wage garnishment limits include:

  • $254 per week
  • $509 per two-week period
  • $545 per half-month period, and
  • $1,090 per month.

How to Stop Wage Garnishment

Making ends meet when your wages have been garnished can be challenging. Some possible options to stop wage garnishment include:

  • Fight the garnishment by filing a petition or claim of exemption with the court.
  • Negotiate a repayment plan with your creditors to settle your debt.
  • File for bankruptcy to stop wage garnishment and eliminate your debt.

Filing For Bankruptcy

Filing for bankruptcy automatically triggers a federal court order known as an "automatic stay" on your existing debts. This automatic stay prohibits wage garnishment, creditor harassment, and other forms of debt collection.

Also, the automatic stay will prevent debt collectors from foreclosing, repossessing, or evicting you from your home. However, wage garnishment laws do not eliminate or cancel out any current domestic support obligations, such as child support or alimony. Only a family court order can put a stop to these types of financial obligations.

How an Experienced Attorney Can Help

Your wages may be garnished if you owe alimony, child support, past-due taxes, or student loans. However, the decision to withhold or take a specific chunk of your paycheck is not something you have to accept willingly. If you're facing the possibility of wage garnishment, it is important that you act quickly. An experienced bankruptcy attorney can help you fight the garnishment and outline a strategic plan to help you find debt relief while avoiding wage garnishment.

Bankruptcy attorney Lyndon Ruhnke has devoted his entire career to offering comprehensive legal guidance and experienced representation to clients facing legal matters related to debt relief, bankruptcy, and wage garnishment. As your legal counsel, Lyndon Ruhnke can help you better understand how wage garnishment works and explore all of the possible legal options that you have that can put a stop to it. Using his extensive experience, he will do everything he can to fight the garnishment before contacting your creditors to negotiate a satisfactory repayment agreement to settle your debts. Don’t face these challenges on your own. Call or reach out to Lyndon Ruhnke, P.C. today to receive reliable legal guidance and support.

Wage Garnishment Attorney in Gresham & Beaverton, Oregon

If you are in debt and being threatened with wage garnishment or your wages have already been garnished, contact Lyndon Ruhnke, P.C. today to schedule a one-on-one case assessment. Attorney Lyndon Ruhnke can fight to protect your legal rights and take proactive measures to stop wage garnishment. With an office in Gresham, Beaverton, and Portland, Oregon, Lyndon Ruhnke is proud to serve individuals across the Greater Portland area. Call today for help!