Make Legal Louisiana Garnishment Forms For Free

However, filing for bankruptcy can provide an immediate stop to wage garnishment. This is due to an injunction known as the automatic stay, which comes into effect as soon as you file for bankruptcy. The automatic stay prohibits most creditors from continuing collection activities, including wage garnishment.

There are limits to how much can be garnished from a debtor's wages in Louisiana. Under Louisiana law, the maximum amount that can be garnished is 25% of the debtor's disposable earnings, or the amount by which their disposable earnings exceed 30 times the federal minimum wage, whichever is less.

To obtain a wage garnishment, the creditor must first file a lawsuit against you to get a judgment. The judgment gives the creditor the right to take collection actions against you, including wage garnishment. Once the creditor has the judgment, they will need to file a garnishment petition and order with the court.

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.

Garnishment can happen when someone sues you for money and the creditor gets a money judgment against you in court. The garnishment judgment will order your job or bank to take money from your paycheck or bank account.

Buried deep in the Louisiana Code of Civil Procedure is a little-known law which gives creditors the right to seek wage garnishments from a borrower's employer if the borrower fails to satisfy a loan obligation. In a recent case, Tower Credit, Inc. v. Williams, 2022-0106 (La.