Stop Wage Garnishment
What is Wage Garnishment?
Wage garnishment occurs when an employer is obligated to withhold part of an employee's earnings for the payment of a debt brought about through a court order by a creditor. Wage garnishment includes attaching wages and bank accounts. The garnishment action can amount to up to 25% of your disposable income.
If you are seeking to stop wage garnishment due to difficulties, there are some options to approach. You can:
- Pay the debt and avoid being sued:
- Appeal to a court in Kentucky: If it affects your need for food or housing, it's important to seek help.
- Bankruptcy: If you need legal assistance in stopping a wage garnishment through bankruptcy, contact my firm to schedule a consultation with me about your financial situation.
Stop Wage Garnishment by Filing Bankruptcy
When you file for bankruptcy, whether it is Chapter 7 or Chapter 13, an automatic stay is imposed by the bankruptcy court against the continuance of any action against you by any of your creditors. This automatic stay gives you, as the debtor, protection against these creditors in furthering their attempts to collect from you.
This stay prohibits:
- Foreclosure sales
- Collection calls
- Beginning or continuing lawsuits
- Garnishment of wages by creditors
The automatic stay continues in effect until it is lifted by a judge at your request, or you obtain a discharge of your debts through the bankruptcy court.
When you receive a discharge of your debts through the bankruptcy court, the automatic stay is replaced by a permanent court injunction that bars creditors from trying to collect on the debts earlier discharged. Thus, once a debt is filed in the bankruptcy petition, the creditor can only seek recourse on the debt through the court and can never again contact you as the debtor about it.
Schedule a Consultation
If you wish to stop a wage garnishment, seeking information about bankruptcy may be your best option. I have been in practice for over 35 years. My goal is to help you regain control of your financial situation. I can help you understand your legal options and provide the guidance you need to resolve your wage garnishment and other financial distress.
I urge you to contact my firm as soon as possible so we can begin working to create a better financial future for you and your family.