Wage Garnishment Lawyer in Cuyahoga County
If you have fallen behind on your loan payments, it is legal for your creditors to pursue action that could allow them to garnish your wages. In fact, Ohio law allows creditors to garnish up to 25% of a person’s paycheck.
Whether you have already had your pay garnished or fear it may happen in the future, let our wage garnishment lawyer in Cuyahoga County help. For more than three decades, he has been a lifeline for individuals across Northeast Ohio.
To find out how he and our office staff at Van Ness Law can serve you, schedule a free consultation today. There are many options for halting wage garnishment and getting relief, and we can find the right one for you.
Can You Stop Wage Garnishment?
One of the most common methods of stopping wage garnishment is filing for bankruptcy. Filing for either Chapter 7 or Chapter 13 bankruptcy can put an automatic stay on debts. This prevents creditors from moving forward with a garnishment lawsuit, or even collecting debts in the first place. While the stay is not permanent, it can give individuals time to restructure debts so they can afford to pay them. It can also allow them to discharge debts altogether.
Additionally, if a creditor has improperly filed their suit or an employer has terminated an employee because their wages were garnished, a lawyer can step in and take action to rectify the matter.
Cases involving wage garnishment are complex, and the outcomes are always impactful. This is why at Van Ness Law, we work directly with clients to develop personalized strategies that meet their needs and look out for their rights. If you are searching for a wage garnishment attorney in Cuyahoga, Lake, or Geauga County, turn to ours. At Van Ness Law, we offer free consultations, so there is no reason to wait.
What Our Clients SayOur clients share their stories about what happened and how we helped.Our Reviews
About Our FirmWe have extensive experience handling the legal issues that affect our clients' daily lives.Read More
Schedule A ConsultationOur team offers free initial consultations in person or virtually.Contact Us
The Wage Garnishment Process in Ohio
Below we have detailed our state’s wage garnishment process:
The Creditor Files a Lawsuit
To initiate the process, the creditor will file a lawsuit. The court in which the creditor files the suit will send a copy to the person who has fallen behind on their loan. The receiving party is deemed the “defendant” in the case. The copy will include a summons to appear in court on a specified date.
The Defendant Has the Chance to Respond
A defendant has 28 days to respond to the creditor’s suit. In this response, a defendant can contend that the wage garnishment is unwarranted. When drafting the response, it is best to work with an attorney who has experience fighting wage garnishment suits.
The Court Hearing
A judge will examine the creditor’s complaint and the defendant’s response during the court hearing. Then, they will deliver a judgment. If a judge decides in favor of the creditor, they will be able to order the defendant’s employer to garnish the defendant’s paycheck.
Notice of Court Proceeding to Collect Debt
If a creditor receives a favorable judgment, they will send a notice of court proceeding to collect the debt. A defendant has 15 days to respond to this notice.
"I was nervous about filing bankruptcy until I sat down with Charles."To say that I left his office with excitement and confidence about my future would be an understatement. My experience was excellent. Charles is a true professional.- Antonio J.
"Van Ness Law was very professional and kind during our tough time."Such a sigh of relief to be on the other side of our situation now with all the help they provided.- Keith C.
"I would recommend him to anyone needing legal assistance during a challenging time."He was professional, well spoken, efficient, and affordable.- Kelley B.
"One of the BEST LAWYERS!!!"He plays no Games get right down to business & if he says he's on it.- Airrion D,
"Mr. Van Ness explained everything in full detail and helped me understand the process."I can’t thank Mr. Van Ness and the front desk ladies enough. You’ve taken a massive burden off of my chest that I’ve been dealing with for years.- Sarah R.
"Mr. Van Ness is an excellent lawyer and very responsive and respectful."He immediately puts you at ease and answer any questions you have. I was very nervous thru the whole process but as he said no question is silly.- Pat G.
"I would definitely recommend Van Ness Law for your bankruptcy needs."I was also treated with respect and never felt ashamed or embarrassed because of the bankruptcy.- Degra S.
"It was a fast and easy process."My attorney Mr. Van Ness provided great assistance with my Bankruptcy- Bianca M.