Dena Standley | April 17, 2023
Edited by Hannah Locklear
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: New Hampshire wage garnishment laws prevent more than 25% of your disposable earnings from being garnished. In addition, the amount should not exceed 30 times the federal minimum wage of your weekly disposable income. New Hampshire law also limits the amount of wage garnishment on unemployment benefits.
Sometimes, consumers fail to pay their debt even when the creditor obtains a judgment ordering them to make payments. In this situation, some creditors take further action and seek to garnish the consumer's wages until the debt is fully paid. When this happens, a consumer is often left feeling helpless if they struggle to make ends meet.
Fortunately, this should not be the case because New Hampshire laws allow you to fight the garnishment order. The options available include objecting to the garnishment, filing a claim for exemption, and negotiating with the creditors. SoloSuit will discuss these options to assist you in choosing one that best suits your situation. Before diving into it, let’s explain New Hampshire's wage garnishment laws.
In New Hampshire, wage garnishment is regulated by state and federal law. The Consumer Credit Protection Act (CCPA) sets a limit for creditors to garnish, which should be less than 25% of your disposable earnings. The amount should also not exceed 30 times the federal minimum wage of your weekly disposable income. New Hampshire law also limits the amount of wage garnishment on unemployment benefits.
New Hampshire stands out from other states in that the creditor is only allowed to garnish wages earned but yet to be paid at the time of the garnishment order. In addition, they can only garnish two weeks of the debtor's earnings. Further, if the creditor wishes to garnish more, they must return to court for another order. Let's illustrate this with an example.
Example: Lucy earns $600 per week and has $150 mandatory deductions. The garnishment order she received should show that the amount to be deducted is 25% of $450 multiplied by two weeks, which is $225. If the creditor wants to continue garnishing the following month, they must get another garnishment order with the same amount.
New Hampshire law provides exemptions to protect employees from wage garnishment. These exemptions include wages earned by a head of household, someone supporting a spouse or child, and someone receiving public assistance. New Hampshire law also protects against continuous garnishment, meaning those wishing to file a garnishment must be obtained for each paycheck, making it cost prohibitive for some debtors to follow through with garnishment.
Lastly, Title III of the CCPA prohibits employers from terminating or disciplining employees solely because of wage garnishment. Those violating this law can be held liable for damages and may face legal action.
Let's look at what to do to stop wage garnishment having the law in mind.
New Hampshire gives you the right to object to wage garnishment if you believe the creditor exceeded the legal limit set by the state or federal law. Other reasons to object a wage garnishment include:
Are you aware you can avoid wage garnishment by offering to settle your debt with the creditors before or immediately after they send a lawsuit letter? Stop wage garnishment from ever happening by settling your other debts before your court date. Keep reading to learn more.
If you feel overwhelmed by debt, you can avoid wage garnishment by settling your debt before it escalates to legal action. You can do this by negotiating a debt settlement agreement.
Negotiating with the creditors entails offering to pay part of the debt and promising to complete the remaining amount within the shortest time possible. Fortunately, creditors in New Hampshire welcome this option because the law requires them to keep getting a new garnishment order almost monthly.
After checking your financial situation, contact the creditor and make a settlement offer. Start with less than you intend to give because creditors often counter the offer. When you reach a settlement deal, make sure you get the agreement in writing as proof in case they go to court for a garnishment order before you can pay them.
SoloSettle, powered by SoloSuit, is a tech-based approach to debt settlement. SoloSettle software helps you send and receive settlement offers until you reach an agreement with your creditor or debt collector. Once an agreement is reached, SoloSettle helps manage the agreement documentation and transfers your settlement payment for you, keeping your financial information private and secure.
Here are a few features that make SoloSettle different from regular debt settlement services:
To learn more about how to settle your debt in New Hampshire and avoid wage garnishment, check out this video:
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