What protections are given under wage garnishment laws?

UPDATED: Jun 20, 2011

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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


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

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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