QUESTION
Creditors are trying to garnish my wages, how can I prevent this from happening?
Asked on Aug 10th, 2013 on Bankruptcy - Kansas
11 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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If you're in Texas, it's probably illegal. But they can get money in a bank account, if they can find it. Bankruptcy stops garnishments.
Answered on Aug 22nd, 2013 at 9:12 AM
Bankruptcy Attorney serving Woodland Hills, CA
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Law Office of James Beirne
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If you file for relief under the bankruptcy code, whether it is a chapter 7, 13, or 11 or even a 12 you will have an automatic stay that will prevent any creditors from garnishing your wages or taking any steps to collect on a prepetition debt.
Answered on Aug 16th, 2013 at 9:29 PM
Litigation Attorney serving Stockton, CA
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Patrick Jay Edaburn
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It is difficult to say for sure without knowing more details of the debt, your income, etc but it is quite possible a bankruptcy would help. However you'd need to consult with an attorney to be sure about what type to file/etc.
Answered on Aug 16th, 2013 at 9:29 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can either work out a payment plan with the creditor or file a bankruptcy case.
Answered on Aug 16th, 2013 at 9:29 PM
2 Awards
You may either contact creditors and negotiate voluntary payment or you can file bankruptcy. If you are eligible, a Chapter 7 bankruptcy would stop any future payments to creditors. A chapter 13 would still stop garnishment but you would need to make voluntary payments to bankruptcy trustee under a court approved repayment plan.
Answered on Aug 16th, 2013 at 9:29 PM
A creditor usually cannot garnish your wages without obtaining a court judgment against you first. The exception to this rule would be if the creditor is the IRS or a federally insured student loan. While bankruptcy is one way to stop a garnishment, it may not be an appropriate solution in all instances, especially if your total debt is not overwhelming. In that instance, you can contact the creditor and see if you can either make voluntary payments to pay off the debt or offer a lump sum to settle the debt.
Answered on Aug 16th, 2013 at 9:29 PM
If you file bankruptcy that will stop the garnishment.
Answered on Aug 16th, 2013 at 9:29 PM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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I am assuming that the creditor already has a judgment. There are several ways to deal with the garnishment. 1. Negotiate an installment payment agreement 2. Negotiate a lump sum settlement 3. Consider a Chapter 7 or Chapter 13 Bankruptcy 4. Allow the garnishment. The maximum that can be taken is 10% of your gross wage or 25% of your take home pay and only one garnishment at a time. Also, you may have grounds to litigate to vacate the judgment and defend yourself in court.
Answered on Aug 16th, 2013 at 9:29 PM
Deborah F. Bowinski
If the creditor has obtained a judgment and has served garnishment papers on your employer there is not a lot you can do at this point. You could call the creditor to see whether they would be willing to allow you to make some smaller, voluntary payments, but generally when a garnishment hits it is because you have ignored collection efforts up until that point. The creditor has little reason or incentive to work with you voluntarily at this point. If you have other debts as well that you are struggling with, it might make good sense to consult with a bankruptcy attorney to see whether that is a reasonable solution for you.
Answered on Aug 16th, 2013 at 9:29 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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The primary options would be to file bankruptcy or negotiate a lump sum settlement or payment plan with the creditor.
Answered on Aug 16th, 2013 at 9:29 PM
Chapter 7 and Chapter 13 Bankruptcies Attorney serving Dublin, OH
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Granger Law Firm LLC
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Usually once you get to a garnishment point, the only way to stop the garnishment is to file a bankruptcy. The bankruptcy stay will stop the garnishment and usually discharges the debt so they cannot garnish again. Exceptions might apply if the underlying debt is student loans or taxes.
Answered on Aug 16th, 2013 at 9:29 PM