by Doreen Martel

Created on: November 15, 2011   Last Updated: November 17, 2011

Being notified that your wages are going to be garnished is very intimidating. In fact, it is intended to be.  Debtors may have their wages garnished only under very specific rules and in addition, there are laws in place that put a cap on the amount of wages that may be garnished. Identifying how to stop wage garnishment in Washington DC means a debtor must understand how consumer protection laws apply to them.

Automatic wage garnishment

There are some wage garnishments that cannot be stopped no matter what. These include taxes, child support, spousal support and student loans. The maximum wage garnishment in these cases also exceeds the amount of the standard garnishment allowance. Debtors who are facing wage garnishment for any of these types of debts may lose as much as 50 percent of their weekly wages. Typically, these types of debts have court-ordered payments and cannot be prevented.

Limitations on debt garnishment

Creditors may go to court and request a judgment and receive authorization to garnish a debtors wages. The law - District of Columbia Official Code, Title 16, Chapter 5, Sub Chapter III (PDF) - provides very specific limitations on how much a creditor may levy with a garnishment. Washington DC does not allow creditors to garnish more than 25 percent of wages, commissions, salary, bonus payments or retirement payments. Additionally, the garnishment may only be 25 percent of wages if the debtors wages exceed 30 percent more than federal minimum wage. Whichever of these two reflects a lower amount is the maximum wage garnishment allowable.

Debtor rights

In most cases, debtors do not understand what rights are afforded to them under the law. Wage garnishment (except debts related to family support, taxes and student loans) threats can only be made if a debt has not exceeded the statute of limitations. Collection agencies often threaten debtors with being taken to court for a judgment against them. However, collection agencies do not advise consumers that there is a statute of limitations on many debts. In Washington DC, the statute of limitations is three years after the date of the last payment made on the account. After this time, there can be no garnishment of wages for the debt.

Debtors who have received notification of a potential wage garnishment do have some options. There may be the opportunity to file bankruptcy, reach a payment agreement or other legal methods to stop a wage garnishment in Washington DC.  In nearly all cases, it will be beneficial to contact a debt settlement attorney. Typically, a consultation (often available free of charge) may help debtors understand their rights and their options.

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