Stop Garnishment with a Bankruptcy Attorney in ChesterfieldLeave a Comment
If you wages are being garnished, you certainly are not alone. New statistics released earlier this month show that roughly 1 in 10 Americans between the ages of 35 and 44 are having their paychecks plundered in order to pay off a debt. It is possible to Stop Garnishment with a Bankruptcy Attorney in Chesterfield, when working with an experienced attorney such as Teague & Associates, LLC who is highly experienced in this area.
Of course, it’s all perfectly legal. Creditors can obtain a court order to have your employer withhold a portion of your wages and send it directly to them. In cases involving child support and alimony, no court order is needed. But you do have rights. And you do have some recourse. For starters, the amount withheld is limited by federal law; to 25 percent of your disposable income, or a formula tied to the minimum wage (whichever number is lower). Some states have laws in place that reduce that limit even further.
Also, under federal law, you may not be fired or otherwise discriminated against if your wages are garnished. And certain income, such as Social Security payments and veterans’ benefits, cannot be garnished.An experienced legal professional can also help to improve your situation. Working with a lawyer, you can argue against a garnishment when a creditor tries to obtain an order from the court. You can also appeal to the court to have the amount reduced. If your debts are unmanageable, filing for Chapter 7 or Chapter 13 bankruptcy can also stop a garnishment.
In most bankruptcy cases, an automatic stay is placed on debt collection efforts while the court addresses the bankruptcy. That includes garnished wages in most cases (though child support and alimony are exceptions). A creditor would have to appeal to the court to continue the garnishment, and prove that there is a good reason to do so.
Of course, there are many other factors that go into the decision to file for bankruptcy, which should be worked out with an experienced bankruptcy attorney. To get answers to your questions or to Stop a Garnishment With a Bankruptcy Attorney in Chesterfield, call the experienced legal staff at Teague & Associates, LLC at (314) 899-4499 for a consultation today.