Louisiana Sample Letter for Garnishment
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How to fill out Sample Letter For Garnishment?
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FAQ
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.
Collect evidence showing how detrimental the wage garnishment is to your financial stability or how you qualify for an exemption. In either case, the creditor may agree to a solution that doesn't involve a garnishment, such as an adjustment payment plan or a settlement for a lump sum.
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.
The Louisiana Department of Revenue may garnish your wages, salaries, bonuses, commissions, and other compensation from your employer. A wage garnishment requires your employer to deduct a specified amount from your wages to pay your tax debt.
However, filing for bankruptcy can provide an immediate stop to wage garnishment. This is due to an injunction known as the automatic stay, which comes into effect as soon as you file for bankruptcy. The automatic stay prohibits most creditors from continuing collection activities, including wage garnishment.
The GARNISHMENT JUDGMENT is an order instructing the garnishee to deliver defendant's wages and/or commission to the Constable of the City of Baton Rouge. ANY QUESTIONS YOU MAY HAVE CONCERNING THE SEIZED WAGES AND/OR COMMISSIONS ARE TO BE DIRECTED TO THE CONSTABLE'S OFFICE AT NUMBER (225) 389-3004.
Respond promptly to the court order (if the order requires). The employer must return a statutory response form within the required amount of time (set by the court order). The form is typically sent to the employer with the garnishment order. Respond quickly to avoid the risk of a court-issued penalty.
