Stopping a Wage Garnishment in Mesa through Filing Bankruptcy
Experienced Wage Garnishment Attorney in Mesa, Arizona. One of the most common ways creditors get payment out of debtors is through a wage garnishment. Contact a Mesa Wage Garnishment Attorney right away if you are looking at potential wage garnishment or if money is already being taken from your paycheck to pay a creditor. Once your wages are garnished, it may become impossible to pay even essential living expenses and if this is your case, it is imperative that you have an experienced bankruptcy lawyer by your side to assist in making sure your rights and your income is being safeguarded. Don’t let the creditors take a portion of your paycheck.
A Mesa, Arizona wage garnishment attorney will fight your judgment and wage garnishment. They will also assist you in finding the debt relief solution that is the best for you and your family.
MY MESA BANKRUPTCY WAGE GARNISHMENT FAQS:
What is a Wage Garnishment in Mesa, Arizona?
A wage garnishment is when your creditor is automatically sent money out of your paycheck to settle your debt to them. Your employer will be required by law to comply with the wage garnishment. A standard wage garnishment is 25% of your wages, but can be decreased to as low as 15% if you can show a good reason why it should be lowered in court. The garnishment will continue until your debt, usually with added legal fees and interest, has been paid.
Is it legal to garnish my wages?
Wage garnishments are perfectly legal. The process begins when you receive a summons for your debt. You will have 30 days to respond or to show up in court to address the issue. If you fail to do either, it will result in a default judgment. Once your creditor has a judgment against you, default or otherwise, they can obtain an order from the judge to garnish your wages.
How do I fight a wage garnishment?
Before your creditor obtains a judgment against you, you may be able to work out a payment plan that doesn’t involve wage garnishment. If you can pay the debt in full, this will stop the garnishment before it begins. However, many facing a wage garnishment don’t have the ability to pay the debt in full. Filing bankruptcy will stop a garnishment in its tracks, and also erase other debts the filer is facing.
Does a wage garnishment stop when bankruptcy is filed?
The bankruptcy will stop garnishment on current pay periods, meaning that your payroll department hasn’t already processed your paychecks. Keep in mind that this date is usually a few days before you receive your paycheck. You will need to provide your employer with your bankruptcy case number as proof that your creditor no longer has the right to garnish your wages.
How does wage garnishment impact alimony?
Alimony, like child support, is not restricted to a 25% maximum like many debts are. If the garnished employee is supporting a spouse or child, their wages may be garnished up to 50%. If they are not supporting anyone else, their wages may be garnished up to 60%. If the garnished employee is more than 12 weeks (3 months) behind on their payments, an additional 5% may be added.
My paycheck was garnished, can I get it back?
You may be able to get garnished wages back (if you file bankruptcy) if the garnished wages would’ve been exempt in bankruptcy. The creditor will have to have taken at least $600 and within 90 days before the bankruptcy was filed. This is called a preference action, and the process can take a few months.
Is it Possible to get my Garnishment Back filing for Bankruptcy?
You will still need to meet the requirements and complete the procedure of a preference action to have garnished wages returned to you. The reason the funds can be returned if you complete a preference action is that it technically isn’t fair to the rest of your creditors for only one of them to receive any repayment when you discharge your debts in a bankruptcy.
In Arizona, Do garnishments require a court order?
Yes. Your employer would have no reason to send a third party any portion of your wages without a valid court order.
Can my bank garnish my wages?
Any debt can result in a wage garnishment, including a debt to your bank. However, your bank is more likely to garnish your bank account directly as opposed to garnishing your wages.
I am a 1099 employee in Arizona, can my wages be garnished?
Because being a 1099 employee means you are technically self-employed, your employer will not be required to send a creditor your wages, even if they have a valid money judgment against you. If this is the case, your creditor will likely use a one-time money seizure or bank account garnishment to collect on your debt.
What types of debts can you get garnished for in Mesa, Arizona?
Any debt can result in a wage garnishment- student loans, taxes, back child support, credit cards, and even small claims judgments against you. The legal maximum of 25% may vary depending on the type of debt. For example, child support can garnish your wages for up to 50-60% of your wages.
Can you stop a wage garnishment once it has begun?
You can stop a wage garnishment once it has begun either by paying it in full or by filing for bankruptcy. When you file bankruptcy, the Automatic Stay of protection will be activated, which stops garnishment on all types of debts. The stay will be effective until your bankruptcy is discharged or dismissed. Your creditor will not have incentive to work out an alternative payment plan with you once they have an order to garnish your wages, unless the amount you agree to pay them is more than 25% of your wages.
EFFECTIVE, EFFICIENT, EXPERIENCED BANKRUPTCY LEGAL REPRESENTATION
If your wages are being garnished and you simply are unable to repay your debts you should contact a dedicated Mesa wage garnishment lawyer immediately. A free consultation will help you understand the process of stopping a wage garnishment. Along with, explaining how to avoid future judgments or repossessions.
In addition, a Mesa wage garnishment attorney can offer you the debt relief solutions necessary to stop a wage garnishment. To further explore your options, contact our Mesa wage garnishment lawyers and learn about bankruptcy and other debt relief options that could help provide an end to your wages being garnished and solve your financial difficulties.
Mesa Wage Garnishment Attorney Can Help
The most common solutions for a Mesa Wage Garnishment include:
- Filing for Chapter 7 or Chapter 13 bankruptcy with a Mesa wage garnishment attorney
- Explore Debt Relief options with a debt relief expert
- Contacting a Wage Garnishment Lawyer in Mesa, Arizona
- Debt Consolidation
- Debt Negotiation
When you are finding that your wages are being garnished in Mesa, Arizona, it is not too late! By all means, call a Mesa wage garnishment attorney right away. Wage garnishments are the creditors friend as creditors who receive a judgment against you can have the wages from your job garnished. A wage garnishment means your full paycheck will not even reach your bank account but instead part of it will go straight to the creditors. Don’t wait for a judgment or a wage garnishment to be put into place by creditors. Call an experienced wage garnishment or judgment attorney today.
Additionally, our Mesa bankruptcy lawyers and debt relief experts know that it is truly frustrating when you are working so hard to make ends meet and a judgment, repossession, or wage garnishment comes along and takes a lot of your much needed income. You and your family count on the money you earn to make ends meet.
Stop A Wage Garnishment
It is possible to stop a wage garnishment. Also, by filing chapter 13 bankruptcy or chapter 7 bankruptcy you can provide one of the quickest forms of debt relief for individuals who have had their wages garnished. Once your bankruptcy has been filed, all wage garnishments will be immediately halted and you will be given time to reorganize your debts and structure new payment plans on those obligations that you choose to continue to pay. Regardless of your choice, our Mesa wage garnishment attorney can help you.
Furthermore, there are many reasons why you may be facing a wage garnishment. If you are facing difficulties like: loss of a job, unexpected medical bills, or a divorce, you may soon be having your wages garnished. Furthermore, no matter the reason for your garnishment, our bankruptcy lawyers do not pass judgment, we understand that problems arise.
Lastly, please keep in mind, no matter if you are facing:
- a run of bad luck
- unusual circumstances
- were recently divorced
- just lost your job
- have recently faced health or other issues
Our bankruptcy attorneys and staff understand and will approach your case with understanding and with compassion.