<\/span><\/h2>\nFirst and foremost, if a debt collector contacts and threatens to take money from your paychecks, they are generally lying unless they have previously acquired a court order, in which case they wouldn’t be calling to threaten but would instead just take the money.<\/span><\/p>\nA court order is required for a debt collector to take the money that the court has determined they are legally entitled to through garnishment. They may deduct it from your paychecks or already-deposited funds in your bank accounts.<\/span><\/p>\nAlso keep in mind that you did not consent to the withdrawal; rather, the court order is presented by the collector to your bank or credit union, which is then required by law to send over the funds from your accounts.<\/span><\/p>\n<\/span>Creditors Who Can Take Money from Paycheck\u00a0Without Filing a Lawsuit<\/b><\/span><\/h3>\nNot all creditors are required to wait until after a trial before garnishing earnings. The following debts are deemed significant enough to have unique regulations that aid creditors in expediting the collection process.<\/span><\/p>\n\n- Child Support and Alimony<\/b><\/li>\n<\/ul>\n
Wage withholding orders are automatically included in all child support orders. Your wages may be taken without further judicial intervention if you have been ordered to pay child support. If you aren’t paying your alimony or child support, a wage garnishment order might be filed against you.<\/span><\/p>\nChild support and alimony have substantially higher wage garnishment limits than other types of debt. If you are sustaining a spouse or child who isn’t the subject of the wage garnishment order, federal law permits garnishment of up to 50% of your disposable earnings (gross wages less mandatory legal deductions).\u00a0<\/span><\/p>\n\n- Unpaid Income Taxes<\/b><\/li>\n<\/ul>\n
The federal government may garnish your earnings without obtaining a court order if you owe unpaid taxes to the IRS. The number of dependents you have, and the amount of your deductions will determine how much the IRS can take.<\/span><\/p>\nYour paychecks may also be garnished by the state and local governments to recover unpaid taxes. State laws, however, determine the amount they can take and the procedures they must follow.\u00a0<\/span><\/p>\n\n- Student Loans<\/b><\/li>\n<\/ul>\n
The amount of the garnishment is limited to 15% of your disposable income or the amount by which your weekly disposable wages exceed 30 times the federal minimum wage, whichever is less, if you are in default on your federal student loan payments, United States Department of Education (or any entity collecting on its behalf) may garnish your wages without a court order.<\/span><\/p>\n