Living paycheck to paycheck is hard enough. But when creditors garnish your wages, it can feel like you’re drowning with no way out. Oklahoma’s wage garnishment laws allow creditors to take a significant chunk of your income—sometimes leaving you with barely enough to cover the basics.
If you find yourself in this situation, take a deep breath and call our law firm. At Convenient Bankruptcy, our Oklahoma wage garnishment lawyers know how to stop or reduce the garnishment. We’ve helped countless individuals protect their wages and income, and we can help you, too. Learn more about our firm.
Convenient Bankruptcy is located at 10313 Greenbriar Parkway, Oklahoma City, OK 73159, just off SW 104th Street. Whether you’re coming from the Bricktown District or Lake Hefner, Convenient Bankruptcy is just a short drive away. Located in South Oklahoma City, we’re easy to reach. Call us today at (405) 296-0059 or submit a contact form to discuss your case in greater detail.
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What Is Wage Garnishment?
Wage garnishment is a legal process that allows creditors to collect debts directly from your paycheck. If you owe money on unpaid loans, medical bills, credit card debt, or other obligations, creditors can go to court to get permission to take part of your wages to pay off the debt.
Once a garnishment order is approved, your employer must legally withhold a portion of your wages and send it to the creditor. This continues until the debt is paid off or until you take legal action to stop it.
Oklahoma Wage Garnishment Laws
Oklahoma’s wage garnishment laws are clear but strict. Creditors are allowed to garnish up to 25% of your gross income—that’s before taxes, insurance, or other deductions. Many people mistakenly believe it’s based on their take-home pay, but it’s not.
For example:
- If you earn $3,000 gross per month and your net paycheck is $2,200 after taxes, a garnishment would take $750 (25% of $3,000) out of your check. That’s more than a third of your take-home pay.
For many people, this isn’t enough to cover rent, utilities, and other essentials. That’s why filing for bankruptcy is often the best option to protect your paycheck and avoid financial ruin.
Exceptions to the Rule
There are some protections in place under federal and state laws. For instance:
- If your earnings are below a certain threshold, creditors may be unable to garnish your wages.
- Certain types of income, like Social Security, disability, and VA benefits, are generally exempt from garnishment.
However, these exceptions can be complex and may require legal help to enforce.
Types of Wage Garnishment
Wage garnishment isn’t just limited to credit card debt or unpaid loans. Here are the most common types:
- Consumer Debt Garnishment
This includes unpaid credit card balances, personal loans, and medical bills. - Child Support and Alimony Garnishment
Child support garnishments take priority over other types of debts and can be up to 50-60% of your disposable income if you’re supporting another family or even more if you’re not. - Tax Debt Garnishment
If you owe back taxes, the IRS doesn’t need to go to court for approval. They can issue a wage levy and garnish your paycheck directly. - Student Loan Garnishment
Defaulting on federal student loans can lead to garnishments of up to 15% of your disposable income.
Each type of garnishment comes with its own rules and challenges, but they all have one thing in common—they can wreak havoc on your finances if not addressed quickly.
How to Stop Wage Garnishment
If your wages are being garnished, you have two main options to stop it:
- Pay the debt in full
- File for bankruptcy
Bankruptcy immediately stops most wage garnishments through a legal process called the automatic stay. Once you file, creditors are prohibited from collecting on most debts, including garnishments.
- Chapter 7 Bankruptcy: This option discharges many unsecured debts, like credit cards and medical bills, so you no longer owe them.
- Chapter 13 Bankruptcy: If you’re behind on child support or other non-dischargeable debts, Chapter 13 allows you to create a manageable repayment plan while protecting your income.
Filing for bankruptcy can feel like a big step, but it’s often the best way to protect your financial future and stop the garnishment cycle.
Can I Reduce the Garnishment to a Lower Percentage?
In Oklahoma, there is a process to request a reduction in your garnishment percentage, but it’s rarely successful. You can file a motion with the court asking for a lower rate, explaining why the garnishment is causing extreme financial hardship.
However, the burden of proof is high, and courts are not often sympathetic unless you can show that the garnishment leaves you unable to afford basic necessities. While you’re welcome to try this process on your own, most people find that filing for bankruptcy is a faster and more effective solution.
How Does a Creditor Get a Garnishment?
Wage garnishment doesn’t happen overnight. Creditors must go through a legal process to garnish your wages:
- File a Lawsuit: The creditor files a lawsuit against you for the unpaid debt.
- Win the Lawsuit: If you don’t respond to the lawsuit or lose the case, the court issues a judgment in the creditor’s favor.
- Locate Your Employer: The creditor must identify where you work.
- Request a Garnishment Order: The creditor obtains a garnishment order and sends it to your employer.
This process gives you some time to act before garnishment begins. If you receive notice of a lawsuit or judgment, it’s essential to contact our Oklahoma wage garnishment lawyers right away.
What Happens If My Employer Doesn’t Garnish My Wages?
If your employer fails to comply with a garnishment order, they can face serious consequences. Oklahoma law allows creditors to hold employers liable for the debt if they don’t withhold the required amount from your paycheck.
This puts your employer in a difficult position, which is why they are usually quick to comply with garnishment orders. It’s important to understand that this isn’t your employer’s fault—they are simply following the law.
Take Control of Your Finances Today: Contact Our Law Firm
Wage garnishment can make a difficult financial situation even worse, but you’re not powerless. When you contact our bankruptcy law firm, we can take steps to protect your income so that you can move toward a more stable future.
If you’re overwhelmed by garnishment, bankruptcy may be the most effective way to stop it and get a fresh start. Convenient Bankruptcy is here to help. Our experienced Oklahoma wage garnishment lawyers can guide you through the process, protect your paycheck, and help you take back control of your life.
Don’t let wage garnishment drain your income any longer. Call us today at (405) 296-0059 or submit a contact form.
