If you have a judgment against a debtor, a wage garnishment is an effective tool for recovering the money owed to you. A wage garnishment is an order from a court that is sent to the debtor’s employer. It requires the employer to withhold a certain amount of money from your paycheck and then send this money directly to you.
It is important to note that Arizona law limits the amount that judgment creditors can garnish from a debtor’s paycheck. Creditors can only garnish nonexempt wages, and the amount they can take is limited. The law protects a debtor’s need to have enough to pay for living expenses. Also, a creditor can only garnish from a debtor’s disposable earnings. “Disposable earnings” are those wages left after your employer has made deductions required by law.
Arizona follows the limits on wage garnishments established by federal law. Of your nonexempt disposable earnings, a creditor can only take the lessor of the following:
- 25% of your non-exempt weekly earnings, or
- the amount of your non-exempt weekly earnings that exceeds 30 times the federal minimum wage.
If you have questions regarding wage benefits and how they can benefit you, contact Windtberg & Zdancewicz to schedule an appointment.
The attorneys at Windtberg & Zdancewicz, PLC, provide clients with experienced legal representation. We are experienced in creditor’s rights including garnishments, charging orders, attachment, property execution, trustee’s sales, foreclosures, judgments, judgment collection, domestication of foreign judgments, and creditor’s issues in bankruptcy cases. If you need assistance, or are interested in learning more, please contact us at (480) 584-5660.