Stop Wage GarnishmentGet Withheld Money Back and Stop Future Garnishment
There is nothing quite as upsetting as someone getting a court order to take another person’s hard-earned cash. That’s what happens when a creditor goes to court and gets a debtor’s wages garnished. I’ve seen it happen more often than I care to remember.
From that moment on, a specified portion of the debtor’s wages go towards repaying the debt. But in reality, what often happens is that there isn’t enough money left at the end of the month for mortgages or rent, food, children’s schooling, or other bills.
So, when your paycheck is on the line, you’re going to need the pros to fight for you. Kakol Bankruptcy is ready and willing to do just that, making sure that you not only get back what’s been taken from you but ensuring you receive 100% of the money due to you when your next paycheck is issued.
There are a few exceptions:
- Court-ordered child support
- Unpaid income tax
- Student loans that have been defaulted on
But if you talk to me, or one of the bankruptcy specialists at my firm, there may be something that can be done to help you irrespective of your source of income.
How Bankruptcy Stops Wage Garnishments
Both Chapter 7 and a Chapter 13 bankruptcy can stop creditors from collecting money from existing wage garnishments and prevent them from initiating new wage garnishments.
As soon as bankruptcy is filed, an automatic stay kicks into place, and creditors have to stop trying to get the money owed to them immediately. This includes forcing employers, via a wage garnishment, to pay over money owed to their employees. In terms of the stay, creditors can’t do anything, irrespective of what amount is owed. They have to drop lawsuits and may not make any telephonic demands or demands in writing. That is a huge relief to my clients.
How Much Employees Stand to Lose With a Wage Garnishment
A question most debtors ask bankruptcy attorneys like me is how much of their wages can be taken by creditors.
Generally, there are different amount limits together with different rules that apply to different types of debt.
In Georgia, wage garnishment can claim up to 25% of what a debtor earns. However, if there are multiple creditors, this amount will need to be shared amongst creditors. What usually happens is that the first creditor to get a garnishment order gets 25% of the debtor’s earnings until the debt is paid. Then the next creditor can collect on their debt via a new order that also amounts to about 25%.
It’s obvious that garnishment can be great tool for creditors, but it puts debtors in a bad (sometimes untenable) position, especially those who are living from paycheck to paycheck.
What Should I do if my wages are garnished?
If you are thinking about filing for bankruptcy as a way out of wage garnishment then you should consult an experienced bankruptcy attorney who can talk to you about your options and guide you through the process. Bankruptcy can be a long and complicated procedure but rest assured that having a professional in your corner will make all the difference.
Bear in mind that if you are threatened with wage garnishment, it will have absolutely no effect on your Social Security benefits. There are a few types of income that cannot be garnished and Social Security falls under that exemption.
Kakol Bankruptcy Can Stop Your Wages Being Garnished
Filing for bankruptcy is an excellent way to stop wage garnishment, but you do need an experienced bankruptcy attorney to guide you through the process. A bankruptcy attorney from the Law Offices of Stanley J. Kakol will discuss your options with you, and together you can decide which path to take.
Call Kakol Bankruptcy today to make an appointment with an experienced member of my team of specialized bankruptcy attorneys. There is sure to be a way to help you through this challenging time.