I Need Answers For: Wage Garnishments
Wage garnishments can be a big problem. Your wages are probably needed to pay monthly bills like rent or mortgage, electric, groceries, and other essential expenses. If credit card payments and other obligations are not met then a wage garnishment may be ordered for these debts. If your income does not stretch far enough now the wage garnishment will just exaggerate this problem and make things worse.
An experienced bankruptcy attorney with the Richard West Law law firm can take certain steps that will stop any garnishment already in place, and prevent other creditors from taking this step in the first place. We can provide a free initial consultation so that you understand all of your options and find out whether bankruptcy is the right choice in your specific case.
Filing Chapter 7 or 13 Bankruptcy Will Stop Most Wage Garnishments
As soon as you fall behind on any payments for medical expenses, credit card accounts, and many other types of debt the creditor can sue you in court, get a judgment against you, and ask for a wage garnishment order to collect the debt you owe.
A wage garnishment will not be issued until a lawsuit is filed and the judge makes a decision in the case. Often the court papers delivered may not be easy to understand or make it clear that you are a defendant in a lawsuit brought by the creditor. If you do not attend the hearing then the judge will issue a default judgment in the case and this allows the creditor to request a wage garnishment.
After a judgment is entered in your case there is no further notice given about any collection actions taken. The first time that you may find out about a wage garnishment is when you receive your paycheck and realize it is for much less than expected.
Most wage garnishments can be stopped by filing for chapter 7 bankruptcy, but this is not always the case. Some debts that result in wage garnishment cannot be eliminated through bankruptcy and this includes child support, alimony, certain past due taxes, and a few other types. As soon as the bankruptcy petition is filed with the court all collection activities must stop due to the automatic stay, and this includes wage garnishments.
Medical debt, credit card debt, and most other debt can be eliminated with chapter 7 bankruptcy protection and wage garnishments for these debts will not be resumed after the bankruptcy court has discharged the case and the debts involved.
Immediate Action Can Stop Or Even Prevent Wage Garnishments
As soon as wage garnishments become a concern an experienced bankruptcy attorney should be contacted immediately. If wage garnishment starts and money is taken before you file for bankruptcy protection these funds will not be returned in most cases. There are steps you can take to protect your income and get a fresh financial start.
A friend of mine told me West & Hurley really knew their stuff about bankruptcy and that is why I chose them to represent me. Everyone treated me with dignity. They didn't make me feel any less of myself for filing bankruptcy. They treated me as a valued client. Whenever I had a question, the secretaries were eager to help me. I always felt satisfied and more knowledgeable in my particular situation at the end of the conversation. I think very highly of all the people at West & Hurley and would recommend their services.Diane Parthe
Me and my wife went though bankruptcy, it's been 6 months and we have a credit card and a 2012 bought new GMC truck. Richard West and Associates did an excellent job helping us file, and help us get our credit back on track. Our paralegal Lisa, did an excellet job helping us with our paperwork. We highly recomend filing with them, we had tried with a different firm, and they didn't help us in the same way, we are happy we had their help and expertise getting us back on track.Janie Wright
My wife and I filled for bankruptcy in 2008 with the help of West & Associates. Mr. West told us in our initial consultation that if we followed his advice and stuck to a plan we could rebuild our credit to a better state than it was before we filled. Though skeptical my wife and I worked hard on things like paying bills on time or early and building our credit little by little. By doing things like this and learning from past mistakes we were able to pay off our bankruptcy a year early and raised our credit score to just under 700 points. That is a 200 point difference from our score prior to getting help from West & Associates. We were also able to buy a new car 6 months after discharge with a very low interest rate. So when people tell you that filling will ruin your credit forever it just isn't true.Sherman Thatcher
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It was simply an easy process. They made absolutely sure I fully understood all of my choices. It was vital to me how they wasn't trying to sell bankruptcy since they also told me about other options like credit counseling as well as others. I felt like these people were taking care of My personal best interest...not just trying to find yet another client. I recommend them.A Google User