Attorney at Debt Advisors Law Offices

Practice Areas: Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Stop Foreclosure

A women who had been divorced in Wisconsin for nearly four years, was shocked to find out that her wages were going to be garnished because her ex hadn’t paid his student loans.  Because the student loans originated during the time of legal marriage, the woman was then held liable for repayment when her ex-husband neglected to pay. Midwestern states, including Wisconsin, have some of the highest wage garnishments by geographic region.  Studies indicate that basically the same proportion of women and men experience wage garnishments.  However, the most common cause of a wage garnishment involves the failure to pay child support.  In this case, men are six times more likely than women to have wages garnished.  If a debt collector or creditor gets permission from a court, or has the legal right to take money from your paycheck or tax return; your sex, race, income, status or best intentions will make no difference.  ADP Research Institute® used aggregated, anonymous payroll data from 2013, comprised of 13 million employees ages 16 and older for study found here.

Overview of WI wage garnishment process

The majority of wage garnishments are initiated when a creditor seeks a court order to obtain judgement which then allows them to take from your personal earnings to pay off a debt.  The collector provides notice of the intended action to the debtor, typically in the form of a ‘demand letter.’  The notice will state details about the garnishment including the debt source, garnishment amount, and duration of the garnishment.   Depending on the type of debt, certain creditors don’t need a court order.

  • If you owe money to a state or federal agency such as the IRS, your wages can be garnished without a court order.
  • If a court has ordered you to pay child support, your wages may be garnished without additional court action.

If there are no earnings to pull from the originating debtor, the collector or creditor may then seek payment from a spouse or co-signer.  A garnishment letter may or may not contain forms to request a hearing.  If you do nothing, the garnishment order will proceed.   If you wish to dispute, immediately contact a law firm with experience in preventing wage garnishments.

You have the right to dispute a wage garnishment

Title III of the Consumer Credit Protection Act limits the amount of employee’s earnings that may be garnished.  In some cases, the law may protect the debtor from being fired, and contain other protections for personal income earnings, pension and retirement programs.  U.S. Dept. of Labor Fact Sheet #30: Federal Wage Garnishment Law, Consumer Credit Protection Act’s Title 3. The wage garnishment law specifies that the garnishment restrictions do not apply to certain bankruptcy court orders.  When you file for Chapter 7 or Chapter 13 bankruptcy, an automatic stay is created which stops creditors from taking any legal action or pursuing any collection against you, including wage garnishments.Debt Advisors Law Offices is familiar with federal laws, state protections, restrictions, exceptions,and bankruptcy laws regarding wage garnishments. Setup a free consultation at one of (6) convenient locations in the Milwaukee and Madison Metro areas.

It’s crucial to know your rights and options when facing wage garnishment. There are several avenues you can explore to potentially alleviate this financial burden. Consulting a knowledgeable attorney can provide insight into how to manage and even payoff balances more efficiently. At Debt Advisors Law Offices Sheboygan, our team is well-versed in helping individuals navigate through the complexities of consumer money scams, Wisconsin’s debt statute of limitations, and understanding how generational debt can impact your financial situation.

Learn about bankruptcy protections, types of bankruptcy, how to get started, what to expect, and who to trust. Filing bankruptcy is the ONLY way to completely eliminate debt. If bankruptcy is right for you, it offers powerful protections that cannot be achieved through alternative solutions such as hardship relief, loans, or debt settlement.

  • Exceptional service. The entire team was friendly and knowledgeable. The attorney took his time to walk me through step by step. I will recommend this law office to anyone!

    J Burks

  • I went through Debt Advisors as a referral by a friend. I am very happy I did so. The staff that I worked with were very helpful and showed a high level of professionalism. They were always able to answer any questions that I had. I was very happy with the attorney that I worked with, Michael Georg. Very professional.

    Terri Grote

  • Attorney Chad Schomburg and Debt Advisors helped me with my debt about three years ago. Chad explained the process to me and answered any questions I had, and the assistants compiled my documentation very efficiently while keeping my case moving forward. They were always available when I needed them, and even years later, I’m able to reach out to them, and they are willing to help. They have turned my life around 100%, and I could not have done it without them! Absolutely recommended!

    Tim Harris

  • They were there for my family from day 1 until the end, 5 years later (Ch. 13). Whenever I had questions or concerns they were always very responsive and gave me excellent advice. Michael and Jeremy are both exceptional bankruptcy attorneys. I highly recommend Debt Advisors.

    Steve

  • After I had to go on disability, I used my credit cards a lot more thinking I could pay them off when I was able to go back to work. That didn’t happen and I found myself so much worse off than I could handle. I went to Debt Advisors feeling terrible about what I had to do. Chad and everyone there were very understanding and put my mind at ease while taking such great care of me. They were there every step of the way and supported me when I was “freaking out”!! Every time I needed to contact them; their response time was amazing!! God forbid I ever need to go through this again, but I know where to turn if I need help! Debt Advisors are more than just filing bankruptcy on my behalf. They really care about what you are going through!! Thank you, Chad, Jeremy, Mike, and everyone at Debt Advisors!! I cannot tell you enough how much I appreciate all of you!! J Hammond

    Steve

  • After I had to go on disability, I used my credit cards a lot more thinking I could pay them off when I was able to go back to work. That didn’t happen and I found myself so much worse off than I could handle. I went to Debt Advisors feeling terrible about what I had to do. Chad and everyone there were very understanding and put my mind at ease while taking such great care of me. They were there every step of the way and supported me when I was “freaking out”!! Every time I needed to contact them; their response time was amazing!! God forbid I ever need to go through this again, but I know where to turn if I need help! Debt Advisors are more than just filing bankruptcy on my behalf. They really care about what you are going through!! Thank you, Chad, Jeremy, Mike, and everyone at Debt Advisors!! I cannot tell you enough how much I appreciate all of you!! J Hammond

    J Hammond

  • Chad Schomburg and his Staff did a phenomenal job for me and in an expeditious manner. I’ve recommend countless clients to Chad Schomburg, Wow!!! Outstanding customer service from the Schomburg office:)

    Lisa Williamson