Albuquerque Wage Garnishment Lawyer

Albuquerque Wage Garnishment Attorney

If you are facing wage garnishment in New Mexico, it may be time to meet with a trusted and local Albuquerque wage garnishment lawyer from Gilchrist Law Firm, P.C. By working with an Albuquerque wage garnishment lawyer, you can ensure that your case is handled with quality legal care that works to thoroughly understand wage garnishment laws, protect your rights and goals, and help you make informed decisions that will support you and your future.

Understanding Wage Garnishment in New Mexico

Wage garnishment is the legal process for a creditor to collect debt by taking money directly from an individual’s paycheck. In many cases, this only happens after the creditor has taken legal action against the debtor, has obtained a court judgment, and has received an official garnishment order from the court.

This garnishment order is then delivered to the debtor’s employer. They are legally required to withhold a portion of the employee’s wages and send it to the creditor until the debt is paid in full or another arrangement is determined. A recent ADP study analyzing payroll data from over 57 million workers found that, as of early 2024, approximately 2.8 out of every 100 workers had their wages garnished in a given month, showing that wage garnishment is not uncommon

New Mexico follows both federal and its own state laws to dictate how much an individual’s paycheck can be garnished. Generally, a creditor is legally allowed to garnish up to 25% of the debtor’s disposable income. That leaves at least 75% of a debtor’s disposable earnings protected. New Mexico also protects certain exempt income, which cannot be garnished, including Social Security, disability benefits, unemployment, and child support.

How a Wage Garnishment Lawyer Can Help

Navigating wage garnishment cases can be challenging and overwhelming. It is important to hire a wage garnishment lawyer who has experience with cases similar to yours. They can help in several key ways, including the following list:

• Reviewing your case. A lawyer can look into the garnishment order, court judgment, and any related paperwork to ensure everything is above board and legally valid.
• Explaining your rights and options. A wage garnishment attorney can help ensure that you have a full and clear understanding of wage garnishment laws. They can educate you on how this will impact your income, if there are exemptions available to you, and any state-specific protections. They can help you understand the consequences as well as any possible defenses.
• Legal procedure support and representation. They can help you file a claim of exemption if applicable, challenge or negotiate the garnishment, and represent you in court. They can handle all court appearances and communications with the creditor’s attorney on your behalf.

A wage garnishment lawyer is your legal advocate, ensuring your rights are protected, helping you challenge unfair garnishments and judgments, and reducing your stress and financial burden.

Why Gilchrist Law Firm, P.C. Is Right For You

As you look to hire a wage garnishment lawyer, consider Gilchrist Law Firm, P.C. With extensive insight and experience in cases similar to yours, Grieta Gilchrist takes a thoughtful and personal approach to offering legal support. Greta ensures clients’ questions are answered, and concerns are fully addressed. At Gilchrist Law Firm, P.C., we seek to understand our clients’ unique needs and provide individualized legal care.

FAQs

Q: What Type of Lawyer Deals With Garnishments?

A: A wage garnishment lawyer deals with garnishment cases. A wage garnishment lawyer is experienced in handling court-ordered deductions from their client’s paychecks to repay debt. From their experience, lawyers can help clients understand, challenge, and stop wage garnishments depending on their unique situation and goals.

Lawyers can help with wage garnishment due to credit card, medical bills, personal loans, unpaid taxes, student loans, child support, alimony, and other forms of debt.

Q: How to Stop Wage Garnishment in New Mexico?

A: To stop wage garnishment from happening in New Mexico, it is vital that you respond with an answer to the creditor during the 20-day deadline to try to avoid the garnishment order. There are other solutions that may be possible, including filing for bankruptcy, paying the debt in full, or negotiating a settlement that avoids garnishment.

Q: Can You Countersue a Garnishment?

A: Yes, you can potentially countersue in response to a wage garnishment, but only under unique circumstances, as you need valid legal grounds to file a counterclaim. There are many valid reasons why you may countersue a garnishment, including wrongful garnishment if you’ve already paid the debt, or there is an issue of mistaken identity or identity theft.

You can also file a counterclaim if the income that was garnished included exempt funds like disability or child support.

Q: Can I Recover Wages That Were Wrongfully Garnished in New Mexico?

A: Yes, you may be able to recover wages that were wrongfully garnished in New Mexico in certain cases. You may recover the wages if the garnishment was served improperly or unlawfully. This may happen if the creditor garnished without a valid judgment, or you already paid the debt in full. You can also recover wages if it was exempt income that was garnished, or if the creditor violated New Mexico garnishment laws.

Q: How Long Does a Wage Garnishment Case Take?

A: How long a wage garnishment case may take can depend on several factors, like how far along the creditor is in the legal process and whether you take legal action to contest. Garnishment itself can last indefinitely until the judgment is satisfied, or you take legal action, and due to the accrual of interest, it can take varying amounts of time to fully pay off. In New Mexico, creditors are allowed to renew the judgment, which can extend the timeline.

Hire a Wage Garnishment Lawyer Today

Facing wage garnishment is an overwhelming prospect. With the potential hit on your income, which impacts your quality of life, it is important to take this seriously and pursue legal support as soon as possible. A lawyer from Gilchrist Law Firm, P.C., is here to support you through the complexities of your case and can work on your behalf to reach an ideal arrangement, given your unique circumstances.

Reach out and set up an initial consultation when you are ready. You can call, find us online, or visit our office, which is located on Comanche Road NE, locally here in Albuquerque.