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Act quickly to prevent wage garnishment You can file a Claim of Exemption any time after wage garnishment has started, but you'll only get wages back from the time after you submit the claim. If you act quickly, you can stop it before it even starts. By law, your employer cannot fire you for a single wage garnishment.
The Plaintiff may execute the judgment, which is a court procedure to seize the Defendant's property or collect the money from the Defendant's bank account, PFD, or paycheck.
Judgments are valid until satisfied or discharged; however, when a period of five years lapses, the judgment holder must file a motion with the court and prove sufficient cause for failure to obtain a writ of execution. Alaska Stat. § 09.35. 020.
How much of an employee's wages can be garnished? 25% of disposable earnings -or- The amount by which disposable earnings are 30 times greater than the federal minimum wage.
Percentage of Wage Garnishment Up to 50% of a worker's disposable earnings if the worker is supporting another spouse or child, or up to 60% if the worker is not. The IRS factors in the employees standard deductions and number of dependents. The maximum amount is 50%. Wage garnishment rates vary from state to state.
What is a default? If the defendant does not answer the plaintiff's complaint, the plaintiff can finish the case without the defendant's participation by requesting the court to enter a "default." Because the defendant didn't answer, the plaintiff is able to get a one-sided judgment.
In most cases, a creditor can't garnish your wages without first getting a money judgment from a court. For instance, if you're behind on credit card payments or owe a doctor's bill, those creditors can't garnish your wages unless they sue you and get a judgment.
For example, North Carolina, Pennsylvania, South Carolina and Texas don't allow wage garnishment for debts owed to creditors although federal law allows it.