Preserving Livelihoods, Serving as Watchdogs
Legal Aid Stands Up for People Whose Wages were Fraudulently Garnished
For low-income families, garnishment of a paycheck is particularly devastating to finances and stability. And when predatory individuals circumvent the legal process required, it is an affront to all, but particularly devastating for those who live paycheck to paycheck and whose wages suddenly decrease without warning. A legal aid lawyer can help navigate this area of the law, preserving precious resources for low income families and ensuring the system operates as intended.
Legal Aid Society of Milwaukee Attorney Riad El-Azem’s representation in an eviction matter, and subsequent related garnishment, resulted in his investigation of a local landlord’s unlawful garnishment practices. Without a legal aid lawyer, this illegal conduct – and the upheaval that ensues -- would go unchecked.
Key Protections Involving Garnishments in Wisconsin
A garnishment is a legal process allowing creditors to collect debts directly from a debtor's wages or bank account. It is generally limited to 20% of disposable earnings. Exemptions apply for certain income, such as veterans’ and Social Security benefits. A creditor cannot simply go it alone and is required by law to first get a judgment in their favor in court, then file a notice of garnishment with the court. The creditor must also mail the notice to the debtor since it contains information about the debtor’s rights.
Legal Aid Lawyers Make a Difference for Individual Clients and the System
In the fall of 2022, Attorney El-Azem was contacted by a former client after she noticed her paychecks were being garnished by an old landlord. Before her checks were garnished, this client wasn’t even aware of the eviction that had been filed against her, since it was filed after she moved out. Within 2 months, Attorney El-Azem was contacted by another former client because the same landlord had sent her employer garnishment paperwork.
When he investigated, Attorney El-Azem discovered that neither the victims nor the court had any knowledge about this landlord’s plan to garnish wages, and in fact the form sent to the client’s employers was almost 20 years out of date. Simply put, the landlord was going rogue.
Attorney El-Azem immediately assisted the clients in stopping the garnishments, then brought the matter to the Public Integrity Unit of the Milwaukee County District Attorney’s Office, ultimately resulting in an 18-count indictment and 2024 felony conviction for fraud against a notorious Milwaukee landlord. Attorney El-Azem also filed a lawsuit against this person to recover money for the harm caused, plus legal costs. The case was decided in favor of the clients in 2024.
The legal system simply works better when parties are represented in consumer and other matters. Legal Aid lawyers help ensure that the system works fairly and equitably. And they act as deterrents against systemic abuse by unscrupulous actors.
Consumer Protection Project Staff Attorney McKenzie Brewer and Managing Attorney Riad El-Azem.