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.
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.
I wish I could give Mr. West, and his awesome staff, TEN stars. Thank you for all of your help! I have good credit again and I got to keep my car. Thank you!guidedbyravens
Mr. West has been wonderful since the first time I talked to him on the phone. He was understanding, and helped make our difficult bankruptcy easier. He took our case on, when no one else would even return my phone calls. And I liked that I talked to him personally on the phone, even before he agreed to take the case. Mr. West and his staff are always on hand to answer any and all questions that I have. And sometimes they even go out of their way to find out the answers, or just to alleviate my concerns. They continually give me updates on any and all correspondences pertaining to my case. I would highly recommend Mr. West to anyone.Becca Alfred
My husband Richard and I met with Richard West to start a Chapter 13 bankruptcy today, and despite our embarrassment with regards to our finances, Mr. West made us feel comfortable. Mr. West was courteous, kind and professional and answered all of our questions. He not only discussed the process of filing, but also the process of rebuilding our credit afterwards. The office staff treated us respectfully and were extremely helpful and professional. I would highly recommend this law office to anyone considering bankruptcy.Kristi Estep
I had received a forclosure notice on a house that my ex-husbaned and I own. I have not lived in the house since 2004 and thought that my ex-husband had refinaced the house and got it out of my name. So to my surprise I received the court notice about the forclosure. I have been stressed to the max and worried about a judgement being placed on me. I heard of a law firm that could help with my problem so I made an appointment. Mr. West explained to me that the mortgage company was not pursuing me for any type of judgement and that I would not have to worry about any type of garnishment. I am so happy that I made the appointment. At the end of the appointment I was expecting to pay him for his time but there was no charge. I couldn't believe it! I highly recommend Richard West Law Office!Regina Prater