QUESTION

How does one stop wage garnishment?

Asked on May 25th, 2015 on Bankruptcy - New York
More details to this question:
I want to find the easiest way to settle my wage garnishment. I want to get it down to a reasonable amount and not just 10% off. Is bankruptcy the best way? Would I owe nothing if I filed for bankruptcy? Or would I be able to pay a fair settlement and then file for Chapter 11 or 13? Thanks.
Report Abuse

6 ANSWERS

You have to file BK to stop a wage assignment. Most creditors who have gone to the trouble of suing you, getting a judgment, and now are garnishing your wages are not very open to settlements. They will continue to garnish 25% of your net take home pay until the debt is paid in full! I charge a small fee for a one hour meeting to show you how everything works, and how BK works. I have successfully filed THOUSANDS of BK's, so I know I can help you.
Answered on May 28th, 2015 at 4:43 PM

Report Abuse
Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
Update Your Profile
Filing bankruptcy stops any wage garnishment immediately. If you make a settlement agreement, then file bankruptcy within 90 days, the court will probably take back any funds that you paid them because you're not allowed to pick and choose among your creditors.
Answered on May 27th, 2015 at 4:47 PM

Report Abuse
Deborah F. Bowinski
There are only three ways I can think of to get a wage garnishment stopped. The first is to contact the creditor to see whether they will accept a voluntary payment plan. The second is to pay the debt in full (or a negotiated reduced lump sum payment). The third is to file a bankruptcy case. Depending upon how much the debt is for, and whether you have other debts as well, a bankruptcy might be a reasonable option for you. Most bankruptcy lawyers offer a brief initial consultation at no cost - it would be a good idea for you to arrange for a consultation.
Answered on May 26th, 2015 at 7:25 PM

Report Abuse
First things first: consult an experienced bankruptcy lawyer. It's almost always worth the investment. Bankruptcy is supposed to stop wage garnishments immediately but it helps to see that your payroll office, the small claims court or whichever branch handles garnishments, and the creditor are given notice of the bankruptcy filing immediately upon filing, since the courts can take four or five days to send out notice. You could also try to contact each of the creditors and see if you can work out some kind of installment payment arrangement, or a discount, or both. It's hard to convince an array of creditors to accept such agreements, but you can try. Good Luck.
Answered on May 26th, 2015 at 4:25 PM

Report Abuse
Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
Update Your Profile
There is no such thing as a best way to stop a wage garnishment. There are a number of choices and each comes with its own price tag. How much is the court judgment that led to the wage garnishment? What type of debt is the judgment for? Without more details, you might as well ask if it is better to order chicken or fish.
Answered on May 26th, 2015 at 12:09 PM

Report Abuse
Bankruptcy Attorney serving Schenectady, NY
2 Awards
You either pay the judgment or your file for bankruptcy protection.
Answered on May 25th, 2015 at 5:57 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters