Mounting Debts can result in Wage Garnishment. What is Wage Garnishment and how does it happen you ask.   The steps to wage garnishment are as follows:

The Creditor seeks legal help to collect your debt.  The Creditor obtains a Judgment against you. The Creditor does discovery for your employer and bank accounts. The Creditor obtains a Court order that requires the debtor’s employer to withhold part of the wages and pay it to the creditor. The Creditor can obtain 25% of Debtor’s disposable income.

Filing for Bankruptcy can stop 0 this kind of wage garnishment. Filing for Chapter 7 or Chapter 13 invokes an automatic stay that stops all collection activities by creditors, including wage garnishments. Resumption of any collection activities requires permission from the bankruptcy court.  After your Chapter 7 discharge, the creditor can no longer collect the debt, or garnish your wages. In a Chapter 13 Bankruptcy,  the automatic stay will last the full 3-5 years till your discharge is entered.   A portion of the debt will be paid along with other unsecured creditors, the balance will be discharged.

Contact our office today at (727)410-2705 to schedule your free consultation.  Regardless of the laws that are applicable to all, each situation is unique.  We will offer you the best advice on the specific course of action to take depending on your unique situation.  We will then guide you through the process.

 

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

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