Filing Bankruptcy to Stop Wage Garnishment
In most cases, wage garnishments arise from lawsuit judgments. Judgments come from lawsuits brought against you by your creditors. A good example of a case that ends with a judgment is: If a credit card company filed suit against you for non-payment and you did not answer the law suit, a default judgment would issue against you. If you were involved in litigation and lost, a judgment would issue against you. Once a creditor has a judgment against you, they will probably be quick to move to garnishment of your wages.
If you get deep enough in debt, your creditors may get court orders to garnish your wages. In other words, they can take money right out of your paycheck to pay back the money that you owe. In some cases, wage garnishments may take more than half of your paycheck. You were having a hard time making ends meet when you received all of your pay check, imagine trying to do it if you only were to receive half of your paycheck.
Once a judgment has been issued, your creditor will contact your current employer and begin the process of garnishing your wages. The creditor will serve your employer with a garnishment summons and ordered to withhold 25% of your after tax earnings. In addition, your employer may charge a handling fee of up to $50 per paycheck. Be aware that your employer cannot choose to ignore a summons of continuing garnishment. If your employer does not honor the summons, your employer could become responsible for payment of the entire debt. Facing that possibility, your employer will adhere to the garnishment summons and start garnishing your paycheck.
There is no reason that you should just sit there and watch your money float away.
Filing for protection through bankruptcy is designed to stop creditor harassment, (including wage garnishment), help you get back on your feet, and provide you with a second chance. To learn more about how bankruptcy may stop wage garnishment, fill out this form below. An Arizona bankruptcy lawyer in your region can help guide you through the process.
If you find that you are facing a wage garnishment, The My AZ Lawyers, can help you. When we file your Chapter 13 or Chapter 7 bankruptcy petition, any pending garnishment (except for child support) will stop immediately. Any funds seized after the date of your bankruptcy filing will be returned to you. If you would like help stopping your wage garnishment or would like to explore your financial options contact us today.
You can either visit one of our Tucson and Phoenix area offices for your FREE consultation or set up a FREE Phone Consultation with one of our helpful Phoenix or Tucson bankruptcy lawyers. Schedule you free consultation today by calling (480) 833-8000 or (520) 306-8729 or by:
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