Did you receive a notice of garnishment of your wages? Bankruptcy can stop it and get some of your money back that has already been taken!
October 10, 2011 Leave a comment
Many of my clients come to me with wage garnishments already in place or they have received notice that one is about to begin. A wage garnishment is when a creditor can reach out to your employer and seize part of your paycheck for some debt you owe. These creditors are limited to taking no more than 25% of your take-home pay. This amount can be large though and can make the difference in whether you can afford to pay your bills or not.
Before creditors can get this garnishment in California they must go to court and get a judgment and then file for the wage garnishment with your employer. Once they get it the garnishment will continue until the debt is paid in full which can be some time if the debt is large.
Some of my clients have a $20,000 or $30,000 credit card debt or vehicle deficiency debt that is being garnished from their wages. Most of these people can’t afford to pay their ongoing bills with their current income and a 20% pay cut makes their situation impossible.
It is best to catch this before the garnishment hits your paycheck but the good news is that bankruptcy can stop this immediately from happening. If we catch the garnishment before it starts that is best. But if we do not we can still stop it and wipe out the underlying debt. We can even get back some or all of your money garnished if we file within 90 days of the garnishment beginning. We will send a request to the creditor that they return the money and most will return it if a bankruptcy case has been filed.
So don’t despair if you receive a garnishment notice. It is not the end of the world. A wage garnishment can be stopped and the money can usually be returned. You just need to call a bankruptcy attorney, let the attorney analyze your case, and file the bankruptcy. And don’t worry about whether you owe the money or not and don’t worry about not paying it back. It’s your federal right to file for bankruptcy and get a fresh start with your debts discharged so contact an attorney today and begin the process to return your income to you.
I am a bankruptcy lawyer practicing bankruptcy law in San Diego, CA. For more information please visit my website at www.farquharlaw.com or www.freshstartsandiego.com. Or call my office for a free consultation at (619) 702-5015. Call now for a free credit report and analysis!
If you are considering bankruptcy and want to receive the Free e-book; “13 Things You Should Do To Prepare For Filing Bankruptcy” then please e-mail me at: firstname.lastname@example.org.