In New Hampshire, wage garnishment can start soon after a creditor secures a judgment against you. Once the court issues the judgment, the creditor can request a writ of garnishment, which is typically processed within a few weeks. After the writ is granted, your employer will be notified and required to begin garnishing your wages within 7 to 14 days of receiving the garnishment order.
New Hampshire law allows creditors to garnish up to 25% of your disposable income, or the amount that exceeds 50 times the federal minimum wage, whichever is lower. However, certain exemptions and protections exist, such as for financial hardship or essential income. If you are facing wage garnishment, you may be able to dispute the garnishment or explore alternative solutions with the help of a debt relief attorney.
What is Wage Garnishment?
Wage garnishment is a legal process in which a creditor can collect money from an individual’s wages to pay off a debt. In New Hampshire, wage garnishment is allowed but there are certain laws and regulations that must be followed by both the creditor and the employer.
Understanding New Hampshire Wage Garnishment Laws
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In New Hampshire, wage garnishment is governed by state and federal laws. It allows creditors to collect money from a debtor’s paycheck to satisfy a debt. This process can only be initiated if the creditor has obtained a court judgment against the debtor.
According to New Hampshire law, creditors can garnish up to 25% of an individual’s disposable income or the amount that exceeds 30 times the federal minimum wage, whichever is lower. This means that low-income earners may have a smaller percentage of their wages garnished compared to higher-income earners.
It is important to note that some types of income are exempt from wage garnishment in New Hampshire, such as Social Security benefits, unemployment benefits, and child support payments. Additionally, federal law prohibits employers from firing an employee due to a single wage garnishment order.
Steps To Stop Wage Garnishment in New Hampshire
If you have received notice of wage garnishment, there are steps you can take to stop or reduce the amount being taken from your paycheck. Here are the following steps:
Understand Your Rights
Understanding your rights is the first step to stopping wage garnishment in New Hampshire. It’s crucial to know that creditors must follow both state and federal laws to initiate wage garnishment.
They must have obtained a court judgment against you before they can start garnishing your wages. Reviewing your state’s specific regulations on wage garnishment will give you a clearer picture of your protections and limitations.
For instance, only a certain percentage of your disposable income can be garnished, and certain income types are fully exempt. Familiarizing yourself with these laws will enable you to make informed decisions and take appropriate action.
Negotiate With the Creditor
Negotiating directly with your creditor can sometimes lead to stopping or reducing the wage garnishment. Contact the creditor to discuss your financial situation and propose a more manageable payment plan.
Creditors may prefer a negotiated settlement over the continuous process of wage garnishment, especially if it’s clear that garnishment puts you in financial hardship. Open, honest communication can facilitate a mutually agreeable resolution.
Keep a record of all correspondence and agreements in writing. This step not only demonstrates your willingness to pay but also provides a legal fallback if disputes arise later.
File for Bankruptcy
Filing for bankruptcy can provide an automatic stay on wage garnishment, offering immediate relief for those overwhelmed by debt. Chapter 7 and Chapter 13 are the two primary types of bankruptcy for individuals. Chapter 7 may eliminate unsecured debts completely, while Chapter 13 allows for a repayment plan.
Bankruptcy is a significant step and has long-term financial consequences, including impacts on your credit score. It’s vital to consult with a bankruptcy attorney to understand the full implications and to determine if this is the right course of action for your situation. They can guide you through the process and help in halting wage garnishment.
Request a Hearing
You have the right to request a hearing to challenge the wage garnishment. During this hearing, you can present evidence that the garnishment is causing undue financial hardship or that the amount being garnished is incorrect. The court may adjust the garnishment amount or, in some cases, stop it altogether based on your circumstances.
To request a hearing, you will need to file the appropriate paperwork within the specified time frame, usually detailed in the garnishment notice. Having an attorney to represent you can increase your chances of a favorable outcome, as they can present a compelling case on your behalf.
Seek Legal Assistance
Seeking legal assistance is often a wise move when starting wage garnishment issues. A qualified attorney specializing in debt relief or consumer protection can provide expert advice and representation.
They can help you understand your rights, negotiate with creditors, or file the necessary paperwork for bankruptcy or a hearing.
Legal professionals can also identify any actions taken by the creditor that may violate state or federal laws, potentially providing grounds to stop the garnishment entirely. Investing in legal assistance can offer peace of mind and significantly increase your chances of a successful resolution.
Are New Hampshire Employers Required to Honor Out-of-State Garnishment Orders?
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If you work for a New Hampshire employer, they are required to comply with any wage garnishment order issued in the state. However, this requirement does not extend to out-of-state garnishment orders.
New Hampshire follows the Uniform Interstate Family Support Act (UIFSA), which governs interstate child support orders. This means that if a child support order is issued in another state, the New Hampshire court must enforce it.
For other types of debts, an out-of-state creditor must obtain a valid judgment from a New Hampshire court before they can initiate wage garnishment. This includes obtaining personal jurisdiction over the debtor and following proper service of process.
Even if a judgment is obtained, the garnishment order must follow New Hampshire laws and limitations. For instance, an out-of-state creditor cannot garnish more than 25% of disposable income or the amount that exceeds 30 times the federal minimum wage.
Do You Need an Attorney to Stop Wage Garnishment in New Hampshire?
While seeking legal assistance is highly recommended when dealing with wage garnishment, it is not always necessary. Depending on your situation and the severity of the garnishment, you may be able to stop or reduce it on your own.
However, having an experienced attorney by your side can significantly increase your chances of a favorable outcome. They can provide valuable guidance and represent you during negotiations or hearings and ensure that all necessary paperwork is filed correctly and within the specified time frame.
An attorney can also identify any potential violations of state or federal laws by the creditor, providing grounds for stopping the garnishment altogether. If bankruptcy is a viable option, an attorney can guide you through the process and help you understand the long-term consequences.
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Conclusion
Dealing with wage garnishment can be a daunting and overwhelming process. However, by understanding your rights and options available to you, taking action, and seeking legal assistance when needed, you can take control of your finances and find relief from the burden of debt.
Plus, with the help of experienced professionals like those at DebtBusters, you can steer this challenging situation and come out on the other side with a brighter financial future. So don’t hesitate – reach out for help and take the first step towards a debt-free life today.
