Wage Garnishment Attorneys In Phoenix, AZ


Wage garnishment attorneys in Phoenix may be the option that you seek if you owe money to credit card companies, banks, or the IRS. When you are unable to pay your creditors, you may discover that they have the power to get money directly from your paycheck. This is called wage garnishment and you find that your ability to pay for other basic necessities in life can be suddenly be threatened as a portion of your counted-on paycheck will be taken from you (garnished) and used to pay your creditors.

If your wages are being garnished and you simply are unable to repay your debts you should contact Candace Kallen at the My AZ Lawyers to find out how declaring chapter 13 bankruptcy or chapter 7 bankruptcy may be able to help you out of your financial nightmare.  Our Phoenix bankruptcy law team can help you fight a garnishment of your wages.

ARIZONA WAGE GARNISHMENT FAQs

ANSWER:

A wage garnishment is when your creditor is automatically sent money out of your paycheck to settle your debt to them. Your employer will be required by law to comply with the wage garnishment. A standard wage garnishment is 25% of your wages, but can be decreased to as low as 15% if you can show a good reason why it should be lowered in court. The garnishment will continue until your debt, usually with added legal fees and interest, has been paid.

budgeting financial planCONTACT AN ARIZONA WAGE GARNISHMENT ATTORNEY

(480)833-8000

ANSWER:

Wage garnishments are perfectly legal. The process begins when you receive a summons for your debt. You will have 30 days to respond or to show up in court to address the issue. If you fail to do either, it will result in a default judgment. Once your creditor has a judgment against you, default or otherwise, they can obtain an order from the judge to garnish your wages.

budgeting financial planCONTACT AN ARIZONA WAGE GARNISHMENT ATTORNEY

(480)833-8000

ANSWER:

You can stop a wage garnishment once it has begun either by paying it in full or by filing for bankruptcy. When you file bankruptcy, the Automatic Stay of protection will be activated, which stops garnishment on all types of debts. The stay will be effective until your bankruptcy is discharged or dismissed. Your creditor will not have incentive to work out an alternative payment plan with you once they have an order to garnish your wages, unless the amount you agree to pay them is more than 25% of your wages.

budgeting financial planCONTACT AN ARIZONA WAGE GARNISHMENT ATTORNEY

(480)833-8000

ANSWER:

Alimony, like child support, is not restricted to a 25% maximum like many debts are. If the garnished employee is supporting a spouse or child, their wages may be garnished up to 50%. If they are not supporting anyone else, their wages may be garnished up to 60%. If the garnished employee is more than 12 weeks (3 months) behind on their payments, an additional 5% may be added.

budgeting financial planCONTACT AN ARIZONA WAGE GARNISHMENT ATTORNEY

(480)833-8000

ANSWER:

Any debt can result in a wage garnishment, including a debt to your bank. However, your bank is more likely to garnish your bank account directly as opposed to garnishing your wages.

budgeting financial planCONTACT AN ARIZONA WAGE GARNISHMENT ATTORNEY

(480)833-8000

ANSWER:

Because being a 1099 employee means you are technically self-employed, your employer will not be required to send a creditor your wages, even if they have a valid money judgment against you. If this is the case, your creditor will likely use a one-time money seizure or bank account garnishment to collect on your debt.

budgeting financial planCONTACT AN ARIZONA WAGE GARNISHMENT ATTORNEY

(480)833-8000

ANSWER:

Before your creditor obtains a judgment against you, you may be able to work out a payment plan that doesn’t involve wage garnishment. If you can pay the debt in full, this will stop the garnishment before it begins. However, many facing a wage garnishment don’t have the ability to pay the debt in full. Filing bankruptcy will stop a garnishment in its tracks, and also erase other debts the filer is facing.

budgeting financial planCONTACT AN ARIZONA WAGE GARNISHMENT ATTORNEY

(480)833-8000

ANSWER:

The bankruptcy will stop garnishment on current pay periods, meaning that your payroll department hasn’t already processed your paychecks. Keep in mind that this date is usually a few days before you receive your paycheck. You will need to provide your employer with your bankruptcy case number as proof that your creditor no longer has the right to garnish your wages.

budgeting financial planCONTACT AN ARIZONA WAGE GARNISHMENT ATTORNEY

(480)833-8000

ANSWER:

Any debt can result in a wage garnishment- student loans, taxes, back child support, credit cards, and even small claims judgments against you. The legal maximum of 25% may vary depending on the type of debt. For example, child support can garnish your wages for up to 50-60% of your wages.

budgeting financial planCONTACT AN ARIZONA WAGE GARNISHMENT ATTORNEY

(480)833-8000

ANSWER:

Yes. Your employer would have no reason to send a third party any portion of your wages without a valid court order.

budgeting financial planCONTACT AN ARIZONA WAGE GARNISHMENT ATTORNEY

(480)833-8000

ANSWER:

You may be able to get garnished wages back (if you file bankruptcy) if the garnished wages would’ve been exempt in bankruptcy. The creditor will have to have taken at least $600 and within 90 days before the bankruptcy was filed. This is called a preference action, and the process can take a few months.

budgeting financial planCONTACT AN ARIZONA WAGE GARNISHMENT ATTORNEY

(480)833-8000

ANSWER:

You will still need to meet the requirements and complete the procedure of a preference action to have garnished wages returned to you. The reason the funds can be returned if you complete a preference action is that it technically isn’t fair to the rest of your creditors for only one of them to receive any repayment when you discharge your debts in a bankruptcy. 

budgeting financial planCONTACT AN ARIZONA WAGE GARNISHMENT ATTORNEY

(480)833-8000

Phoenix Wage Garnishment Attorney

What Can You do to Stop a Wage Garnishment? 

Arizona Wage Garnishment Attorney infographicIf you have receive notice that your bank account may be garnished, and your account contains exempt funds, call My AZ Lawyers immediately. Consult with an attorney who can assist you with the garnishment notice in order to stop the garnishment and meed important deadlines regarding this matter.  Filing Chapter 7 bankruptcy will stop wage garnishment and discharge most lawsuit judgments. An attorney can help stop the garnishment and wipe out any obligation to pay back the discharged debt.  Upon filing the bankruptcy petition, the automatic stay prohibits most creditors from collection actions. Wage garnishment will cease for certain types of debt when the automatic stay goes into effect. This includes types of debt in a Chapter 13. 

Wage Garnishment 

Limits are placed on how much a creditor can garnish from your paycheck by Federal Law.  If you have more than one judgement against you for  wage garnishment, in many cases, only one creditor can garnish wages at a single time. A creditor may garnish wages for 60 days. After this time period, they serve a new Writ of Garnishment, allowing them to garnish for another 60 days. Until the debt is paid, the creditor may take wage garnishment action.
 
Federal Law protects employees from being fired because their wages are being garnished – if the wages are garnished for a single debt. If the garnishment is for two or more debts, an employer may terminate employment. A wage garnishment will stay on your credit report for seven years. Typically, a garnishment cannot be removed from the record after it is reported. 
 
There are many reasons that you should call and speak to an experienced Arizona Bankruptcy Law Attorney if you are faced with the possibility of a wage garnishment.  Garnishments are caused by several reasons including: car accidents, divorce, loss of job, illness, or a myriad of other possible financial disturbances.
 
Set up a free consultation and debt evaluation with an attorney.  Schedule an appointment in order to get answers and options regarding your specific debt relief needs.

A Phoenix wage garnishment lawyer can offer you the debt relief solutions necessary to stop a wage garnishment. To further explore your options, contact our wage garnishment lawyers and learn about bankruptcy and other help we can provide to end your wages from being garnished and solve your financial difficulties.

Regardless of which district of Phoenix you reside, chances are the dire economic times have taken their toll on you and your family. Our Phoenix bankruptcy law office has helped many individuals and families in need in all regions of Phoenix including: Arcadia, Downtown, Midtown, West Phoenix, North Phoenix, South Phoenix, Sunnyslope, Biltmore, and Ahwatukee.

The Phoenix Metropolitan Statistical Area, is the 12th largest in the United States, (Phoenix is the 6th largest city in the U.S.) with a total population of 4,192,887 as of the Census 2010. The Phoenix metro area includes the Arizona counties of Maricopa County and Pinal County. Other cities in the greater Phoenix metro area include: Mesa, Scottsdale, Glendale, Tempe, Chandler, Gilbert, and Peoria. Several smaller communities are also included, such as Cave Creek, Queen Creek, Buckeye, Goodyear, Guadalupe, Fountain Hills, Litchfield Park, Anthem, Sun Lakes, Sun City, Sun City West, Avondale, Surprise, El Mirage, Paradise Valley, and Tolleson. The communities of Ahwatukee, Arcadia, Laveen, and some others are part of the city of Phoenix, Arizona; Ahwatukee being separated from the rest of the city by South Mountain.

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