Stop Wage Garnishments with Bankruptcy
At Pioletti Pioletti & Nichols we are committed to working with people to help them obtain debt relief and stop Wage Garnishments. Call us at 309-467-3213 to schedule a free consultation.
What Is A Wage Garnishment?
A wage garnishment is a mechanism for collecting a debt. Typically a creditor must first obtain a judgment in court for the amount of money owed. They then take that judgment to your employer whereby the employer is mandated by law to begin deducting a portion of your wages each pay period. The amount that they are able to deduct depends on how much you are making. The maximum amount they can deduct is 15% each pay period.
Filing For Bankruptcy Stops Wage Garnishments
The most effective way to stop Wage Garnishments or prevent one from beginning is to file for bankruptcy. When a chapter 7 or chapter 13 bankruptcy is filed an automatic stay goes into effect. Even though it may be a week or more before the garnishment is removed, any money garnished after the bankruptcy is filed will be returned. In addition to wage garnishments, repossessions, bank account garnishments, and creditor calls and letters will stop as well.
Halt Before Filing for Bankruptcy
Before filing for bankruptcy, it is important to consult with an attorney at Pioletti Pioletti & Nichols to ensure this is the right decision for your financial future. Some people jump into filing for bankruptcy before they even know what it fully entails. It is a common misconception that under bankruptcy, a person’s debts get eliminated completely. Well, this is more of an exception and not the general rule for most people.
Our law firm can help you figure out whether bankruptcy is in your best interest, in addition to offering guidance as you go through the following steps:
Taking an Inventory of Finances
If you are unsure where your finances currently stand, a Wage Garnishments attorney can help you assemble your financial information. We will need pertinent financial documents related to your income, debts, assets and property, and monthly living expenses. During your meetings with a member of our legal team, we may ask questions related to:
- Debts: creditor’s name, your debt balance, interest rate, and minimum monthly payments.
- Income: the total of everything you have earned through your job or other means in the past 6-12 months, how often you are receiving this money, and who is paying you this amount. This includes unemployment compensation, dividends/interest from investments, side jobs, pensions, employment earnings, and any other outlets.
- Assets/Property: savings accounts, stocks, property with value, vehicles, art collections, clothing, personal possessions, home furnishings, and other valuable items.
- Monthly Living Costs: how much you pay in rent, groceries, utilities, mortgage, clothing, medical premiums, transportation, and any other expenses related to necessary living.
Credit Counseling and Creditor Meeting
You may have to go through credit counseling from a reputable and approved company six months prior to submitting your bankruptcy petition. As a Wage Garnishments attorney may tell you, this agency can help you decide what kind of bankruptcy chapter is most suitable for your situation. When filing your petition, you may have to show proof that you underwent credit counseling.
After filing your petition for bankruptcy, your creditors will be notified. A meeting will be scheduled where you may be questioned by a representative hired by your creditors. You will be made aware of what kind of consequences that declaring bankruptcy can have and whether you want to move forward with pursuing bankruptcy. The representative of the creditors may ask questions to evaluate whether you are filing for bankruptcy out of personal gain or to “trick” the system. If all goes smoothly, then you will move forward to being approved to operate under a specific bankruptcy chapter.
While this may sound like an intimidating process, filing for bankruptcy can be a helpful resource for people who are truly struggling. We can evaluate your finances to see if bankruptcy can benefit you now and in the future. If your employer has been forced to use Wage Garnishments against you by the court, contact Pioletti Pioletti & Nichols for a free consultation to discuss what options you may have.
“They were amazing! Made sure it was stress free and simple would definitely recommend and will be using in any future situations i may have!”