Can You Change Jobs To Avoid Wage Garnishment? | Defense Tax Partners (2024)

Wage garnishment can be a difficult situation to deal with, especially if you’re struggling to make ends meet. You may wonder if changing jobs to avoid wage garnishment is viable. In this post, we’ll explore whether or not changing jobs can help you avoid wage garnishment and what you should consider before making a decision.

Understanding Wage Garnishment

Wage garnishment is a legal process where a portion of your wages are withheld by your employer and paid directly to a creditor, such as a debt collector or the IRS. Wage garnishment can happen for a variety of reasons, such as unpaid taxes, unpaid child support, or unpaid debts.

Wage garnishment can be a significant financial burden, as it can take a significant portion of your income and make it difficult to meet your other financial obligations. If you’re facing wage garnishment, it’s important to understand your rights and options for dealing with the situation.

Can Changing Jobs Help You Avoid Wage Garnishment?

In most cases, changing jobs will not help you avoid wage garnishment. This is because wage garnishment is a legal process, and your employer is required to comply with a court order or a government agency’s request to withhold your wages.

If you’re facing wage garnishment, changing jobs may actually make the situation worse. This is because your new employer will also be required to comply with the garnishment order, and you may end up losing even more of your income to wage garnishment.

What You Should Consider Before Changing Jobs

While changing jobs is unlikely to help you avoid wage garnishment, there are still some factors you should consider before making a decision. These include:

  • Income: If you’re facing wage garnishment, it’s important to consider how much of your income is being withheld and how much you need to meet your other financial obligations. If you’re considering changing jobs, make sure you’ll still be able to meet your financial needs with your new income.
  • Debt: The best course of action may not be to change jobs if you are facing wage garnishment because of unpaid debts. Even if you switch jobs, you might still be liable for paying off your debts, and your creditors might still be able to garnish your wages.
  • Credit Score: Your credit score has probably already been impacted if you’re facing wage garnishment for unpaid debts. Your credit score might not necessarily improve if you change jobs, and you might still have trouble getting credit in the future.
  • Future Employment Prospects: It’s crucial to think about your employment prospects in the future if you’re thinking about changing jobs. Frequent job switching can make it challenging to build a stable employment history, which might make it more challenging to find future employment.

Other Options for Dealing with Wage Garnishment

If you’re facing wage garnishment, there are other options available to you that may be more effective than changing jobs. These include:

  • Negotiating a Payment Plan: In some cases, you may be able to negotiate a payment plan with your creditor or the government agency that is garnishing your wages. This can help you pay off your debts over time and avoid further wage garnishment.
  • Filing for Bankruptcy: If you’re facing significant debt and wage garnishment, filing for bankruptcy may be a viable option. Bankruptcy can help you discharge certain debts and stop wage garnishment, although it should be considered a last resort.
  • Challenging the Garnishment Order: In some cases, you may be able to challenge the garnishment order if you believe it was issued in error or if you have grounds for exemption, such as if you’re facing extreme financial hardship.
  • Timing of the Job Change: If you’re considering changing jobs to avoid wage garnishment, it’s important to consider the timing of the job change. If you’re in the midst of the garnishment process, changing jobs may not stop the garnishment order, as your previous employer may still be required to withhold wages. Additionally, if you’re already in a financial crisis, quitting your current job without a solid plan in place could potentially worsen your situation.

Changing jobs is unlikely to help you avoid wage garnishment, as your new employer will also be required to comply with the garnishment order. Before making any decisions, it’s important to consider your income, debt, credit score, and future employment prospects. If you’re facing wage garnishment, there are other options available, such as negotiating a payment plan, filing for bankruptcy, or challenging the garnishment order.

It’s important to take action if you’re facing wage garnishment, as it can have a significant impact on your financial well-being. Seek advice from a financial professional or an attorney who specializes in wage garnishment and tax resolution/consultation services to help you understand your options and make the best decision for your situation. Remember, wage garnishment is a legal process, and failing to comply with it can result in legal consequences. By taking proactive steps, you can address the situation and move forward toward financial stability.

Can You Change Jobs To Avoid Wage Garnishment? | Defense Tax Partners (2024)

FAQs

Can You Change Jobs To Avoid Wage Garnishment? | Defense Tax Partners? ›

In most cases, changing jobs will not help you avoid wage garnishment. This is because wage garnishment is a legal process, and your employer is required to comply with a court order or a government agency's request to withhold your wages.

Can I quit my job to avoid wage garnishment? ›

What you can do. There are several options for stopping a wage garnishment. One, you can quit your job. Your creditor won't get your money, but neither will you.

Is there a way around wage garnishment? ›

Act quickly to prevent wage garnishment

You can file a Claim of Exemption any time after wage garnishment has started, but you'll only get wages back from the time after you submit the claim. If you act quickly, you can stop it before it even starts. By law, your employer cannot fire you for a single wage garnishment.

How can I stop IRS wage garnishment? ›

You can prevent wage garnishment by paying the debt or making other arrangements before the 30-day deadline. Failure to Pay: If you don't pay the debt, make arrangements to settle it, or respond to the final notice, the IRS may proceed with wage garnishment.

How to stop wage garnishment before it starts? ›

If the original creditor sold your debt to a debt collection agency, you may have some luck negotiating a payment plan or debt settlement. That's because debt collectors buy debt for pennies on the dollar. If you're able to agree on a payment plan, you've successfully stopped a garnishment before it started!

Can you negotiate after wage garnishment? ›

If after the money is taken from your paycheck, you can't pay for your family's basic needs, then you can file a "Claim of Exemption." A Claim of Exemption is a way to ask to lower the amount being taken.

How do you write a letter to stop wage garnishment? ›

At a minimum, your written objection to the garnishment should include the following information:
  1. the case number and case caption (ex: "XYZ Bank vs. John Doe")
  2. the date of your objection.
  3. your name and current contact information.
  4. the reasons (or "grounds") for your objection, and.
  5. your signature.

What is the most they can garnish from your paycheck? ›

Wages may not be garnished by more than one creditor at a time unless the primary garnishment does not take the full 25% allowed by law. (These garnishment restrictions do not apply to certain bankruptcy court orders or debts due for federal or state taxes.)

What states prohibit garnishment? ›

Some states, such as Pennsylvania, North Carolina, South Carolina and Texas, do not allow wage garnishment except for tax, child support, student loan, or court-ordered fines. Other states normally limit the percentage of wage that can be garnished.

Does wage garnishment affect your credit? ›

The garnishment doesn't just hurt your budget, but it can also drag down your credit scores. Although wage garnishments don't appear directly on your credit reports, that doesn't mean they're invisible to lenders.

Can the IRS garnish 100% of your wages? ›

For ordinary garnishments (i.e., those not for support, bankruptcy, or any state or federal tax), the weekly amount may not exceed the lesser of two figures: 25% of the employee's disposable earnings, or the amount by which an employee's disposable earnings are greater than 30 times the federal minimum wage (currently ...

How long before the IRS will garnish wages? ›

Before the IRS starts to garnish your wages, they must follow specific guidelines and send you two notices at least 30 days before the garnishment begins.

Can I stop my tax refund from being garnished? ›

Check with a bankruptcy attorney to see if your outstanding debt is dischargeable in bankruptcy. If you file your bankruptcy before you file your tax return you can possibly eliminate the debt and protect your refund. The other option is to request your refund by check and take precautions when cashing it.

How do you survive a garnishment? ›

6 Options If Your Wages Are Being Garnished
  1. Try To Work Something Out With The Creditor. ...
  2. File a Claim of Exemption. ...
  3. Challenge the Garnishment. ...
  4. Consolidate or Refinance Your Debt. ...
  5. Work with a Credit Counselor to Get on a Payment Plan. ...
  6. File Bankruptcy.
Jul 6, 2022

Can you be garnished twice for the same debt? ›

The short answer is no, you should not have your wages garnished for the same thing twice.

What happens when a garnishment is paid in full? ›

The creditor should notify your employer when the debt is repaid and you should start receiving your regular paycheck again. If this does not happen and money is still being withheld from your paycheck, then you should make sure the creditor notifies the employer.

Is wage garnishment embarrassing? ›

An employee whose wages are garnished may feel stressed or embarrassed, which can lead to decreased motivation and productivity.

How can I apply for garnishment hardship in California? ›

How to make a Claim of Exemption
  1. Fill out forms. Fill out two court forms: ...
  2. File the Claim of Exemption with the levying officer. ...
  3. Wait to see if the claim is opposed. ...
  4. Reply to the opposition (if any) ...
  5. Check if your court uses tentative rulings. ...
  6. Go to the hearing.

How much can your wages be garnished in California? ›

How Much Can a Wage Garnishment Take in California? In California, private creditors with court judgments can garnish the lower of the following: 25% of your disposable income from employment wages; or. the amount by which your weekly disposable income exceeds 40 times the minimum wage.

What are the exemptions for wage garnishment in California? ›

In California, certain types of income are exempt from garnishment. These include disability benefits, social security payments, and other public assistance funds. It's important to file the appropriate exemptions form with the levying officer to protect such income from garnishment.

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