Stop Wage Garnishment in Oregon: 3 Things You Should Know

ways to stop wage garnishment in oregonWe all know that "Money Doesn't Grow on Trees", right?  When we work hard all week long, we want to be able to see the fruits of our labor.  When creditors garnish your wages, it can be devastating.

Is there anything you can do to stop a wage garnishment?

Yes you can.  Here are 3 things you should know to stop wage garnishment:

1.  Your wages can't be garnished if you take home less than your state's minimum.

Usually, when your employer receives a NOTICE OF WAGE GARNISHMENT, it usually has your state's formula for determining how much or if, your income is subject to garnishment.

If you are employed for example in Oregon, and our NET AFTER TAX or TAKE HOME IS $218 or less, then your wages are exempt from garnishment!

 

2.  If your income is subject to garnishment, you may be able to work out a repayment plan with your creditor that is less than what the garnishment would be.

If your income is greater than $218/week, then 25% of your NET INCOME would be withheld by your employer and sent to the creditor per the Writ of Garnishment.

You should contact the attorney for the creditor (it is on the summons or writ of garnishment you received) and see if you could negotiate an amount for less. Some creditors may be willing to work with you.

We have had great success in the past helping people with wage garnishments, and working out a STIPULATTED AGREEMENTS in lieu of garnishment.

3.  Your income may be EXEMPT FROM GARNISHEMENT if it comes from one of the following sources:

  • Social Security
  • Retirement Income
  • Unemployment
  • Disability Benefits
  • Worker's compensation
  • Spousal Support or child support
  • Elderly rental assistance (ORS 310.6355)

If you are not sure if your income is exempt, we may be able to help.  Give us a call today at   1-877-492-4109 or simply click on the link below for more information!



 

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Are Social Security Benefits Subject to Garnishment?

can social security be garnishedCan Social Security be garnished?

"I got a call today and the collector told me that if I didn't send them money today my social security benefits could be garnished." -Anonymous

Before you start to panic, you need to know your legal rights according to the Federal Trade Commission and the Fair Debt Collection Practices Act

The following benefits ARE NOT SUBJECT TO GARNISHMENT:

  • SOCIAL SECURITY BENEFITS
  • SUPPLEMENTAL SECURITY INCOME (SSI)
  • VETERANS BENEFITS
  • CIVIL SERVICE and FEDERAL RETIREMENT and DISABLILTY BENEFITS
  • MILITARY ANNUITIES and SURVIVOR'S BENEFITS
  • RAILROAD RETIREMENT, MERCHANT SEAMAN WAGES
  • LONGSHOREMAN'S and HARBOR WORKER'S DEATH and DISABLITLY BENEFITS
  • FOREIGN SERVICE RETIREMENT and DISABILITY BENEFITS
  • FEDERAL EMERGENCY MANAGEMENT AGENCY FEDERAL DISASTER ASSISTANCE

Although these benefits are EXEMPT, it is very important that you are extremely careful about the funds in your bank account!

As long as the funds in your checking or savings account only came from benefits (such as above) and ARE NOT CO-MINGLED with income you may earn in addition, then your account cannot be levied.

CO-MINGLED means that you deposit exempt benefits (such as above) with other income:

  • W-2 income from you job
  • Part-time income
  • Funds your receive from any other outside sources

 DO NOT DEPOSIT WITH THE FUNDS FROM

YOUR EXEMPT FUNDS!

If you have another job, make sure to either just cash that check or open another bank account, preferably in another bank for those funds.

If you have a substantial amount of un-secure debt such as credit cards, personal loans, collections, or medical bills, and are not able to keep up with the payments, you need help!

Since most debt collectors are professionals, trained to say anything in order to get you to send them money, you should consider the services of a DEBT MANAGMENT COMPANY.

They may be able to:

  • Limit or stop the harassing calls
  • Negotiate a reduced settlement help lower your payments and fees
  • Help improve your credit score as debts are paid off
  • GIVE YOU PEACE OF MIND!

Did you receive a Summons? If so, we can help you. Request more information or give us a call for a FREE consultation!

social security benefits subject to garnishment

 

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Tags: can social security checks be garnished, stopping debt collection calls, garnishment

Can Social Security checks be garnished?

can social security checks be garnishedWe get asked this question nearly every day.  So, it's time to answer the question:

Can Social Security Disability check be garnished?

The simple answer is SOMETIMES.  Social security disability benefits can be garnished. However, garnishment can only be carried out in a few specific instances. According to the social security administration, social security disability benefits may only be garnished to enforce child and alimony obligations, pay federal tax and debts owed to the IRS, and pay debts owed to federal agencies.

Your Social Security Disability checks CAN be garnished if:

  • You have alimony or child support obligations
  • You have a delinquent student loan
  • You owe taxes or IRS penalties


Creditors, however, are NOT entitled to garnishment provisions for social security disability benefits. 

Your Social Security Disability checks CAN'T be garnished if:

  • You are delinquent on a personal loan
  • You are delinquent on a car loan
  • You are delinquent on a credit card debt

However, if you are behind on a personal loan, car loan, credit card or other type of debt, you need to set up a plan to get the debt caught up and on a re-payment schedule.  There are programs, such as Debt Consolidation & Debt Settlement, that can help to reduce your monthly payment, lower or even eliminate the interest being charged, and get you out of debt FAST!

Our Solutions Specialist can help you decide what is the best option for you.  Give us a call for a Free Debt Elimination Consultation or click on the link below!

1-877-492-4109

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Tags: wage garnishment, debt settlement, debt consolidation, can social security checks be garnished