Wage Garnishments Attorney in Downey Protecting You From Further Financial Harm
Making ends meet can be hard, even in the best of times. After all, even when you’re working full-time and putting your all into your job, it’s not unusual to come up short on rent or payments for bills at the end of the month. That can be a source of significant financial stress, but if that isn’t bad enough, it can get even worse if your wages get garnished.
The worst part about wage garnishment is that it may seem like there is no way around it – at least not until the debt has been paid off in full or until arrangements have been made with creditors so that your wages aren’t taking such a huge hit every month. In some cases, it may be possible to negotiate a settlement agreement or establish a payment plan so that you can keep more of what you make instead of giving up an entire portion of your paycheck each month to satisfy debts owed.
Having your wages garnished is far from ideal – not only do you have less money coming in each month due to this deduction on top of all other expenses, but there’s also the psychological toll it takes knowing that creditors are reaching into your pocket every time you get paid. It’s important to understand your legal rights and how best to protect yourself should this kind of situation arise; consulting with an experienced wage garnishment attorney in Downey is key for ensuring that as much money as possible stays in your pocket rather than being garnished. Call Resolve Law Firm, APC, today at 213-583-5547 to learn more about your debt relief options!
What is Wage Garnishment?
Wage garnishment is when an employer takes money out of your paycheck to pay off a debt or other obligation that you owe. This could be from sources like child support payments, back taxes, federal student loans, payday loans, medical bills, and more. Getting hit with wage garnishment means having less money available for basic necessities like food and shelter, which can lead to further financial distress. Not only are you dealing with a reduced income due to having money taken out of your paycheck each month, but you also have to deal with the added emotional burden that comes with creditors hounding you for payment and having to live within tighter budget constraints than usual. There is a certain level of hopelessness that wage garnishment can cause, making it important to understand how the process works and what options you have for responding.
Wage garnishment is usually triggered by a creditor who has taken legal action against you in order to recover a debt that you owe them. This might happen after an unsuccessful attempt at collecting payment from you directly or after they’ve obtained a court judgment against you. Once the creditor has gone through this process, they will typically send paperwork to your employer informing them of the wage garnishment and requesting that money be deducted from your paycheck each month until the debt is paid off. Depending on the type of debt, there may be limits set on how much money can be taken out of your paycheck each month.
It’s important to understand that wage garnishment is not a punishment but rather a process for creditors to receive payment from debtors who are unable or unwilling to make timely payments. It should also be noted that you still have rights and options when it comes to wage garnishment. Our law firm helps protect those rights and seek immediate relief.
How Can I Put a Stop to My Wages Being Garnished?
If you are facing wage garnishment, there is hope. There are several ways to stop wage garnishment and regain control of your finances.
The first step is to communicate with the creditor who initiated the garnishment. Speak with them directly and find out why they took action and what their expectations are for repayment of the debt. You may be able to negotiate an arrangement that works for both parties – such as setting up a payment plan or a lump-sum payment.
You can also ask the court to terminate or modify the wage garnishment order if it causes you financial hardship. The court will review your financial situation in order to determine whether this is possible and take into account factors such as food, clothing, shelter, and other necessary living expenses.
Filing for bankruptcy is another option that will stop wage garnishment. It can be an effective way to get out from under overwhelming debt while protecting your wages from garnishment by creditors through an automatic stay, which keeps creditors at by while your bankruptcy goes through its motions. However, not all wage garnishments will end with an automatic stay. Child support, for example, will still need to be paid.
Is Chapter 7 or Chapter 13 Bankruptcy Better for Wage Garnishment Relief?
Many people turn to either Chapter 7 or Chapter 13 bankruptcy for relief when facing wage garnishment. Each type of bankruptcy has different requirements and outcomes that should be carefully considered before filing.
Chapter 7 bankruptcy is the quickest form of debt relief. It generally lasts only three to six months and can give you a fresh start from most unsecured debts like credit cards, medical bills, and personal loans. The downside is that some assets may need to be liquidated in order to pay off creditors. Additionally, certain types of debts, such as student loan debt, are not dischargeable under Chapter 7 bankruptcy. An automatic stay helps put an end to wage garnishments from certain creditors and provides immediate relief upon filing.
Chapter 13 bankruptcy is also known as a debt restructuring plan. This type of bankruptcy allows you to keep your assets but requires repayment plans to be set up based on what you can afford. Under Chapter 13, the court will order that creditors stop wage garnishments and all other collection efforts until the repayment plan is completed. Once payment is made in full, any remaining balance owed is discharged.
Both forms of bankruptcy can help provide relief from wage garnishment, but there are several factors to consider before filing for either one. You should speak with an experienced attorney in Downey who can assess your financial situation and determine if either type of bankruptcy is right for you.
How Can a Wage Garnishment Lawyer Help Me?
If you are facing wage garnishment from creditors, a wage garnishment lawyer, like our founding attorney Le’Roy Roberson, can help. A wage garnishment attorney can protect your rights under the law by filing a motion to reduce or stop the garnishment of wages in full or part. By examining your financial situation, they can help ensure that any garnishment does not exceed the amount allowed by law.
When faced with the possibility of wage garnishment, it is important to seek legal advice right away. The sooner you contact an experienced lawyer, the better chance you have of avoiding or minimizing the effects of garnished wages. Call Resolve Law Firm, APC, today at 213-583-5547 for a free consultation with our team!