Pioletti & Pioletti
Eureka, IL LOCATION
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As a wage garnishment lawyer Bloomington IL has trusted for over 79 years, Pioletti & Pioletti Attorneys at Law will leave no stone unturned when it comes to preserving your paycheck from creditors. Hardship can come at any time and for any number of reasons, none of which are a concern for most of your creditors. You need an experienced wage garnishment lawyer in Bloomington IL to defend your rights.
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 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 can deduct depends on how much you are making. Federal law dictates the maximum amount they can deduct is 15 percent of each pay period.
A wage garnishment lawyer Bloomington IL trusts, Pioletti & Pioletti Attorneys at Law, is experienced in navigating the local laws that govern wage garnishments and how to defend them. Generally, Illinois laws work in your favor and are more restrictive than federal laws. Illinois laws restrict the amount dictated by federal law even further by dictating that wages can only be deducted from your gross wages — the amount of money you earn after taxes and other mandatory deductions are taken out. The amount that is subject to garnishment is further limited to the lesser of the following:
For example, if your weekly gross wages are $500, 15 percent of that amount is $75. Alternatively, the minimum wage in Illinois in 2017, $8.25, multiplied by 45 is $321.25. The difference between $500 and $321.25 is $128.75 so the lesser amount between the two calculations, $75, would be deducted each week. Weekly gross wages would have to be $377.94 or less for the minimum wage-based calculation to apply.
Who Can Garnish Your Wages?
Consumer creditors, which can include credit cards, banks, or medical creditors may garnish your wages only after receiving a court judgment. Debts for which garnishments do not require a court judgment are:
Stop Wage Garnishment with Bankruptcy
Bankruptcy should not be taken lightly, as there are many considerations for how a bankruptcy might affect your future. The wage garnishment lawyer Bloomington IL relies on for our honest and straightforward council is here to cover all these bases with you.
While there are exceptions to the rule in some rare situations, the most effective way to stop a wage garnishment or prevent one from beginning can be 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, all repossessions, bank account garnishments, and creditor calls and letters will stop as well. Let the wage garnishment lawyer Bloomington IL has turned to for four decades guide you through this process.
Your Bloomington wage garnishment lawyer, Pioletti & Pioletti, is committed to working with people to help them obtain debt relief and stop wage garnishments. If your employer is garnishing your wage, contact Pioletti & Pioletti, the wage garnishment lawyer Bloomington IL trusts for a free consultation to discuss what options you may have.
Who Can File for Bankruptcy?
Almost any person or business can file for bankruptcy. However, the party must either have a permanent residence, a place of business, or own property within the United States. The party filing may also have to attend a financial counseling course, depending on their situation. Being eligible to declare bankruptcy does not mean the party applying will be automatically approved. An evaluation must be performed and the applicant will receive notice of the approval or denial. Those who are unsure about whether they are eligible to file for bankruptcy may want to meet with a wage garnishment lawyer for more information.
Which Chapter Should I File For?
The majority of people declaring bankrupting either opt for either Chapter 7 or Chapter 13. There are crucial differences between these two chapters, and it is important that the applicant understands they are not the same. Here we have defined each type of bankruptcy, but if you still want help deciding which is best for you, then you may want to meet with a wage garnishment lawyer for guidance:
Secured debts are things like vehicle and property loans, while unsecured debt can be your utilities and credit card bills.
Is There a Specific Amount of Debt I Must Have in Order to File for Bankruptcy?
There is no debt amount requirement that a person must meet in order to declare bankruptcy. What is more important is how much you make in relation to how much debt you have. Depending on your salary and your living expenses, you may not have extra money left over to pay into your debts every month. Those who live paycheck to paycheck without an anticipated wage increase may quickly get behind on payments. If this rings true for you, then you may want to meet with a wage garnishment lawyer for advice on what to do next. There are many pros and cons to filing for bankruptcy, so the applicant may want to get legal advice first.
Declaring bankruptcy can have both short term and long term impacts. A wage garnishment lawyer Bloomington IL clients recommend can consult with you about your finances and help you decide which bankruptcy chapter may be most suited based on your situation.
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