Steps You Can Take to Avoid Wage Garnishment
Santa Ana bankruptcy lawyers help protect your income
At Invictus Law, P.C., our bankruptcy lawyers help you protect your earnings from wage garnishment. From our offices in Ontario and Santa Ana, California, we serve clients throughout Orange, Riverside and San Bernardino counties.
You work hard to earn a living. But when debt overwhelms your finances, creditors can come after your wages if they receive a court order to do so. You should receive a copy of this order. The order requires your employer to pay the creditor directly, siphoning off a percentage of your pay. With up to 25 percent of your paycheck already gone, you may find it even more difficult to pay other bills, and your financial situation could then bring you to a place you may have never imagined.
Take heart, because with our help, you have options to hold on to your wages.
A bankruptcy proceeding can protect your income
When you file for either Chapter 7 or Chapter 13 bankruptcy, the automatic stay stops wage garnishment. Depending on which Chapter of bankruptcy you file, an automatic stay could also stop foreclosure on your home, including repossession and eviction. Filing your petition with the U.S. Bankruptcy Court notifies your creditors of your action. Wage garnishment should stop at that point. But it’s also a good idea to notify your employer of this.
We can also petition the court with an emergency filing that can provide faster protection. Rather than provide all the paperwork required for a typical filing, which could take some time to assemble, an emergency filing for Chapter 7 or Chapter 13 bankruptcy needs only the most basic information.
An exemption claim provides another option
We can help you file an exemption claim that details the amount of money you need to support yourself and your family and that states the amount of money you have available to pay off debt. A financial statement must accompany the exemption claim.
Wage garnishment for child support still applies
Child support and alimony are not eligible for discharge by bankruptcy. If your wages are garnished for this kind of support, filing for bankruptcy does not stop these automatic deductions from your paycheck. Bankruptcy does not stop wage garnishment for other non-dischargeable debts, such as government loans and certain taxes.
Avoid or stop wage garnishment with help from our bankruptcy lawyers
Find the debt relief you need at Invictus Law, P.C. We have two conveniently located offices in Santa Ana and Ontario, California. Call us anytime at (949) 287-5711 or contact us online to schedule your free initial consultation.