Stop Wage GarnishmentGet Withheld Money Back and Stop Future Garnishment
There is nothing quite as bad as someone getting a court order to take your hard-earned cash. That’s basically what happens when a creditor goes to court and gets your wages garnished. From that moment on, a portion of your money goes towards repaying the debt and you probably won’t have enough leftover to pay for your mortgage or rent, food, your children’s schooling, and other bills.
So, when your paycheck is on the line, you’re going to need the pros to fight for you. Kakol Bankruptcy can do just this, making sure you get back what has been taken from you already, and ensuring that the next paycheck you get is 100% what is owed to you.
- Court-ordered child support
- Unpaid income tax
- Student loans that have been defaulted on
How Bankruptcy Stops Wage Garnishments
Both a Chapter 7 and a Chapter 13 Bankruptcy can stop creditors from collecting money in accordance with existing wage garnishments and prevent them from initiating new wage garnishments.
As soon as bankruptcy has been filed, an automatic stay kicks into place and creditors have to stop trying to get the money that is owed to them. This includes forcing employers, via 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.
How Much Employees Stand to Lose With a Wage Garnishment
A question most debtors ask bankruptcy attorneys 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 the 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 position, especially when they are living from paycheck to paycheck.
What Should I do if my wages are being garnished?Keep in mind that if you are being 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. If you are thinking about filing for bankruptcy as a way out of wage garnishment then you should consult an experienced bankruptcy attorney. They can talk to you about your options and help to guide you through the process. Bankruptcy can be a long and complicated procedure but having a professional in your corner will make all the difference.
Kakol Bankruptcy Can Stop Your Wages Being Garnished
Filing for bankruptcy is a very good way to stop your wages being garnished, but you really 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.
Before you make a decision bear in mind that a wage garnishment won’t have any effect on your Social Security benefits as this is one of the income types that may not be garnished.
Call Kakol Bankruptcy today to make an appointment with an experienced member of our team of specialized bankruptcy attorneys. Let’s see what we can do to help you.