Tampa Bay Bankruptcy and Debt Relief Attorney
When you're behind on bills and struggling, nothing is quite as demoralizing as your wages being garnished by a creditor. Filing personal bankruptcy can help stop garnishment in most cases and help you get ahead of your creditors.
What is Wage Garnishment?
Wage garnishment is when a creditor applies to take money directly from your paycheck. When it comes to government obligations like taxes, child support, or school loans, the federal government can garnish your wages without going through the courts. But private creditors, such as for your credit cards and medical bills, must win a lawsuit against you.
How to Stop Someone from Garnishing Your Wages
If you know that a creditor is likely to start garnishing from your paycheck, or you need help with an existing garnishment, your first step should be to find an affordable bankruptcy lawyer. Garnishment proceedings can be difficult and complicated, and a garnishment attorney brought in before the garnishment actually starts can make sure the court is considering your entire situation and any exemptions you might qualify for.
Why Chapter 7 Might Be the Smart Option
Chapter 7 bankruptcy is a common form of individual bankruptcy filing in which your non-exempt assets may be liquidated to pay off your creditors. According to the American Bankruptcy Institute, 63% of all bankruptcies filed in 2019 were Chapter 7. The reason for its popularity is clear: almost 94% of all Chapter 7 filings had their debts completely discharged, according to Debt.org.
Once a garnishment judgment has been granted, it may be time to take steps toward filing bankruptcy. Filing Chapter 7 bankruptcy will stop your garnishment immediately, because all debt collection ceases until the bankruptcy is settled. If your debt is discharged through Chapter 7, the original collector can no longer garnish your wages. There are exceptions to this, such as alimony or child support payments, but otherwise, filing Chapter 7 can get you immediate garnishment help.
After filing, your garnishment lawyer will contact your creditors to let them know bankruptcy proceedings have begun, and they can no longer collect from you. This is thanks to something called an "automatic stay", which ensures that not one of your creditors can collect while the filing is active. If your bankruptcy case is dismissed, then they may restart wage garnishment.
How do I Find a Good Wage Garnishment Attorney Near Me?
At Coleman Law Group, we're knowledgeable in the field of bankruptcy. That's because we believe everyone deserves a second chance, and we're devoted to helping people get out from under their debt. Our lawyers bring years of experience and sharp legal knowledge to the table. To us, our client is an individual, not just another case. So, we'll always do our very best to get you the fairest settlement and payment options available. Contact us today to set up your free bankruptcy consultation and get your second chance today!
St. Petersburg and Tampa: 727.214.0400.
You also can visit our website at colemanlawgroup.com