You may have received a garnishment notice from your employer and wonder whether a wage garnishment calculator can help you estimate how much you will be garnished in West Virginia.
Wage garnishment in West Virginia is different from many other states, so how much will you be garnished?
Below is the West Virginia wage garnishment that estimates how much you may be garnished. You can also compare 3 different options, how to stop wage garnishment, and the cost of those options. The calculator is free and does not even require an email address unless you’d like a free review of the data. Please note that this West Virginia garnishment calculator is an estimate based on the laws below and may be different from the actual garnishment amount.
There are some states that do not allow wage garnishment, so those would not be in the calculator. Here are the specific West Virginia wage garnishment laws that are factored into the WV wage garnishment calculator above.
"Seventy-five percent (75%) of an employee’s net (take home) earnings are exempt from wage assignment, meaning wage assignment agreements are limited to a deduction of no more than 25% of the employee’s net (take home) earnings each payday."
Let’s say that Charleston has a higher minimum wage than Morgantown or even that of West Virginia. For example, West Virginia minimum wage is $8.75. Could the calculation be different?
Many states take into consideration the federal minimum wage, and some states such as Maine may take into consideration state minimum wage, but that doesn’t mean the West Virginia wage garnishment calculator would be different.
Employers in West Virginia may use the employer wage garnishment calculator to help estimate the garnishments amount for employees. Please note that the calculator feels a bit complex and not as simple to use.
First, the creditor requests a writ of execution from the West Virginia court. Check an example West Virginia writ of execution. Next, the court attaches an earnings withholdings to the write, which authorizes your employer to hold back money from your earnings.
Let’s say you have multiple earning withholding orders in West Virginia that could include child support or alimony. Here’s the specific priority for the garnishment calculation in West Virginia:
Now that we understand how the wage garnishment calculator works, let’s talk about how to stop wage garnishment in West Virginia.
There are a few options that you can pursue to potentially stop a wage garnishment. The wage garnishment calculator provides the option to compare your different options to stop a garnishment.
First, you can try to object to the wage garnishment. When you receive your garnishment documents, you can find instructions on how to object to the garnishment including filing deadlines. If not, you can reach out to the clerk of the court or contact a lawyer to help.
You may also attempt to claim an exemption to the garnishment in some states as well.
In West Virginia, you’d file this garnishment exemption form to request an exemption from your garnishment. Please note that this may be difficult to receive.
Filing for bankruptcy in West Virginia may eliminate a wage garnishment a judgment related to unpaid debt, especially in those instances when individuals are already living paycheck to paycheck. There are two common consumer bankruptcies to consider.
A Chapter 7 bankruptcy in West Virginia is the most affordable and most common bankruptcy in the United States. It is also the fastest, but you could lose assets if the equity that you own in that assets is about the West Virginia bankruptcy exemptions.
You also may have to qualify via the West Virginia bankruptcy means test. Below are the West Virginia median income guidelines for bankruptcy cases filed on or after May 15, 2022. Please note you would add an additional $9,900 for household sizes greater than 9.
|# of People||Annual Income|
A Chapter 13 bankruptcy in West Virginia is a payment plan based bankruptcy. It often lasts 3 or 5 years, and you can often protect your assets in bankruptcy even if they are above the exemption. You may consider a Chapter 13 bankruptcy if some of the payments from the wage garnishment would not be discharged in a Chapter 7 bankruptcy.
If you are considering a Chapter 13 bankruptcy in West Virginia, you may also want to compare that option to debt settlement. While you don’t have creditor protection in debt settlement, this option can sometimes be cheaper and faster than a Chapter 13 bankruptcy.
You may have taken the wage garnishment calculator and see that it would take out too much of your pay, but now you are wondering whether you could even afford bankruptcy. Thankfully, most attorneys take payment plans for the attorney fees. Some attorneys take most of the Chapter 13 bankruptcy payments in the plan.
While the cost to file bankruptcy in West Virginia is less expensive for the Chapter 13 ($313 vs $338), the attorney fees may be triple what you would pay for a Chapter 7 bankruptcy.
Please note that the filing fees can be waived if your income is below certain poverty thresholds. Here’s the West Virginia poverty thresholds below.
|# of People||150% Poverty Guideline|
|* Add $4,720 for each individual in excess of 9.|
You may attempt to negotiate a settlement if it’s an unpaid debt. That said, the creditor has the upper hand generally in this position, so you may not get a major discount from the owed debt. Realistically, you may not be able to negotiate a settlement or backpay for support such as spousal or child support.
One question to consider is whether you can afford the amount being taken from your paycheck and understand the duration of how much will be taken.
For example, let’s say you live in Charleston or Huntington and are dealing with rental inflation, gas, and food. Let’s say you aren’t able to afford the garnishment. In that case, someone may consider an option such as bankruptcy.
If you are able to afford the garnishment, others may allow it to run its course or try to negotiate. Regardless, you can take the wage garnishment calculator for West Virginia to inform your decision.