How much of my paycheck can they legally take for a debt?
The situation
I live in Ohio and I am really struggling right now. About three weeks ago, I received a notice from a collection agency saying they had obtained a judgment against me for a credit card debt I forgot about. This morning, I checked my paycheck from my job at the local warehouse and noticed that my employer already started taking money out of my earnings to pay this debt. My weekly take-home pay after taxes is usually around $800, but this week, they only gave me $550. It looks like they took $250 right out of my check without much warning. I already called my HR department to ask why this happened, and they told me they are just following a court order they received. I tried calling the collection agency to set up a payment plan so they would stop the garnishment, but they refused to talk to me unless I paid the full amount immediately. I am worried I won't be able to pay my rent or buy groceries if they keep taking this much. Is there a limit on the total amount of my weekly disposable income they are allowed to grab for a regular debt like this?
Quick Summary
It depends on your specific math, but the amount taken from your check might be higher than the federal limit. For a regular debt like a credit card, the law generally limits garnishment to the lesser of 25% of your disposable earnings or a specific amount based on the federal minimum wage.
Detailed Analysis
Statutory Citations
Legal Citation: Consumer Credit Protection Act (Truth in Lending, Fair Credit Reporting, Fair Debt Collection) § 15 U.S.C. § 1673 — Restriction on garnishment
"the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed (1) 25 per centum of his disposable earnings for that week, or (2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage... whichever is less"View Official Legislation →
Legal Citation: Consumer Credit Protection Act (Truth in Lending, Fair Credit Reporting, Fair Debt Collection) § 15 U.S.C. § 1672 — Definitions
"the term “disposable earnings” means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld"View Official Legislation →
Legal Citation: Consumer Credit Protection Act (Truth in Lending, Fair Credit Reporting, Fair Debt Collection) § 15 U.S.C. § 1674 — Restriction on discharge from employment by reason of garnishment
"No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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