Louisiana Garnishment & Interrogatories are court-ordered processes used in Louisiana civil litigation to collect debts or discover information about a case. Louisiana Garnishment is a legal process by which creditors can collect a debt from a debtor's wages, bank accounts, or other assets. Louisiana Interrogatories are written questions that must be answered under oath by a party to a lawsuit. There are several types of Louisiana Garnishments & Interrogatories. Wage Garnishment is a type of garnishment that requires an employer to withhold a certain amount of money from an employee's wages or salary for the purpose of paying a debt. Bank Garnishment is a type of garnishment that requires a bank to freeze a debtor's bank account and turn over the funds to the creditor. Non-Wage Garnishment is a type of garnishment that requires a debtor's other assets, such as securities or real property, to be turned over to the creditor. Interrogatories are questions posed by one party to another in a lawsuit. These questions must be answered under oath and in writing. Interrogatories can be used to obtain evidence, clarify facts, or obtain admissions or admissions of liability.
Louisiana Garnishment & Interrogatories
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FAQ
In Louisiana (and under federal law), creditors can only garnish the lesser of the following in any given workweek on a per-paycheck basis: 25% of your weekly disposable earnings, or. The amount by which your weekly income exceeds 30 times the federal minimum wage (currently $7.25 per hour).
There are limits to how much can be garnished from a debtor's wages in Louisiana. Under Louisiana law, the maximum amount that can be garnished is 25% of the debtor's disposable earnings, or the amount by which their disposable earnings exceed 30 times the federal minimum wage, whichever is less.
Limits on Wage Garnishment in Louisiana On a weekly basis, the garnishment can't exceed the lesser of: 25% of your disposable earnings for that week, or. the amount by which your disposable earnings for that week surpasses 30 times the federal minimum hourly wage.
Revised Statute 70 defines distraint to include the secretary's right to levy upon and seize and the taxpayer's wages to satisfy any assessment of tax, penalty, or interest due. If you owe monies to LDR that are collectible by distraint, the law allows LDR to garnish your wages for up to 25 percent of your pay.
To obtain a wage garnishment, the creditor must first file a lawsuit against you to get a judgment. The judgment gives the creditor the right to take collection actions against you, including wage garnishment. Once the creditor has the judgment, they will need to file a garnishment petition and order with the court.
There are generally only two ways to stop wage garnishment in Louisiana. You can either pay the amount you owe off, or you can file for bankruptcy. If you decide to pay the full amount, you can do this by either paying a one-time lump sum, or you can allow the wage garnishment to continue until the full amount is paid.
The garnishment law allows up to 50% of a worker's disposable earnings to be garnished for these purposes if the worker is supporting another spouse or child, or up to 60% if the worker is not.
Wage garnishment, the most common type of garnishment, is the process of deducting money from an employee's monetary compensation (including salary), usually as a result of a court order.
