A wage garnishment can be extremely stressful and annoying especially if you don’t have the money to stop it. Luckily, you have come to the right place. This article will explain what a wage garnishment is and how to stop it.
What is a Wage Garnishment?
After a creditor sues you and gets a judgment against you they will ask the Court for a wage garnishment against you. A wage garnishment is when the Court issues an order telling your employer that they must hold a portion of your paycheck each pay period and send it directly to the creditor to pay off your debt. Your paycheck will continue to be garnished until you pay your creditor off.
Process for Garnishment of Wages
Creditor Obtains a Court Order Against the Debtor
Wage garnishment happens after a creditor sues you for debt that you owe. If the creditor is able to get a judgment against you because you have not shown up to your Court hearing then a default judgment will be entered against you.
Many people believe if they ignore notices from Court and don’t show up then nothing will happen. This is typically not the case. If a creditor has spent time and money trying to go after you for a past-due debt then they typically will try their best efforts to collect against you.
Court Directs Debtor’s Employer to Remit a Portion of His Salary
Once the creditor wins the Court hearing, the Court will mail a notice explaining that a judgment has been entered against you. The letter will also be sent to your place of employment. Many people are usually embarrassed when their employer finds out about their wage garnishment.
However many Americans are garnished each year due to past due debts. If your employer is notified of your wage garnishment you can speak to them directly to explain your situation.
How Can I Stop a Wage Garnishment?
File for Bankruptcy
Filing for bankruptcy is the easiest way to stop a wage garnishment. Once you file a Chapter 7 bankruptcy, an automatic stay is initiated which stops creditors from collecting against you. Even if you owe the debt and a judgment is entered against you, a wage garnishment can be stopped by filing for bankruptcy.
Negotiate With Your Creditor
Another way to stop a wage garnishment is by negotiating with your creditor. Many creditors are reluctant to settle debts once they have a garnishment. However, an attorney can help you negotiate the best settlement by offering a lump sum amount.
Contact Our Lawyers for Consultation
If you have a wage garnishment and can’t meet your basic living needs, then filing bankruptcy may be the best solution. Immediately upon filing bankruptcy, the wage garnishment will be stopped. If you get your bankruptcy discharge then you will be able to start fresh and have the debt eliminated. Call Karra L. Kingston Esq. today to stop your wage Garnishment. We have offices in both New York and New Jersey.