What protections are given under wage garnishment laws?

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What protections are given under wage garnishment laws?

I have a payday loan. They had tried previous times to take their payment and this last time they tried it overdraw my account. I haven’t been able to make a payment. They are talking about wage garnishment. What are the laws in PA protecting people? Must they go to court first?

Asked on June 20, 2011 under Bankruptcy Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Assuming that payday loans are legal in your state and this company is licensed to do business there, be for the can take any action against your assets they must first go to court and to court an obtain a judgment. If one is issued they can garnish your wages up to the amount permitted by federal law (or state law if any).

Note:  If you are sued in court you can present any defenses to your creditors claims as may be applicable.


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