Wage Garnishments and Bankruptcy

: Reese Baker & Associates

  Filed under: bankruptcy

Wage garnishments can be embarrassing and make it difficult to pay your already heavy bills. You may be experiencing harassing phone calls if you have fallen behind on your debt payments. Reasons could be due to large unexpected bills, medical expenses, fewer hours at work, or any number of valid reasons that put you behind in your debt payments.

If a creditor receives a court judgment against you, it gives them the right to garnish money that belongs to you. Most of the time garnishments take money from your bank account or wages through a third party, such as through your employer. Your wages cannot be garnished until the creditor receives the court order judgment against you.

Employer Takes Money From Your Paycheck

Once the judgment is granted, the creditor files a request with the court. Then the bank or employer is directed to turn over a portion of your money for a specified amount of time.

If you are being threatened with a wage garnishment, or one has already been applied to your paycheck, you may want to contact a bankruptcy attorney to have the garnishment stopped or removed.

Automatic Stay

When you file bankruptcy, you are given an automatic stay. This action stops all creditors attempts to contact you or take legal actions against you. If you have not committed fraud, the automatic stay can even stop government agencies from attempting to recover Social Security or other public benefits overpayments.

If an unsecured creditor has a judgment against you, that debt can be legally discharged in bankruptcy, and you will no longer have to pay on that debt. If the judgment creates a lien on your exempt property, you can ask the bankruptcy court to remove the lien.

If your wages are being garnished or the debt collectors are threatening to start legal action against you, contact a Houston bankruptcy attorney today to find out what action you can take to prevent these steps against you.