Even with a court order, a wage garnishment attorney can stop your wages from being garnished

1. Even with a court order, a wage garnishment attorney can stop your wages from being garnished Your creditor has the authority to garnish your wages in order to collect debt if there is a court judgement against you for wage garnishment. Wage garnishment continues until the debt in question is settled. When you file for bankruptcy under Chapter 7 or Chapter 13, the US Bankruptcy Code requires that all creditor collection efforts, including the majority of wage garnishments, cease. A wage garnishment occurs when a judge orders your employer to deduct a specific amount from your salary each month in order to satisfy your creditors' unpaid balances. The money obtained by wage garnishment can be used to pay off debts such as credit card debt, personal loans, taxes, medical bills, student loans, and alimony and child support. Hiring a skilled wage garnishment attorney, like those at Recovery Law Group, will guarantee that the creditor cannot deduct money from your paycheck without first suing you, winning, and securing a court order—with the exception of child support, student loan, and tax cases. Your wage garnishment attorney may contest the wage garnishment, and your creditors must be notified of the filing.

2. Should a creditor succeed in obtaining a wage garnishment order against you, the employer receives a copy of the court order from the local sheriff. The amount of your paycheck that can be withheld is governed by federal legislation. The following two standards are typically applied to determine the maximum amount that can be deducted from your pay: 25% of your disposable income, at most, and You might have money garnished up to the point where your weekly salary is thirty times the minimum wage. Your salary could be withheld in the amount that is less than these two sums. Your wage garnishment attorney will advise you that there are distinct regulations pertaining to student loans, taxes, and child support.

3. Automatic suspension of pay garnishments By submitting paperwork and convincing the judge that you require a larger portion of your salary to cover your costs, a wage garnishment lawyer can challenge the garnishment of your wages. They can also dispute in court that you are exempt. Automated wage garnishment is also suspended during collection activities. However, your wage garnishment lawyer can notify your employer's payroll department and the levying officer handling wage garnishments—typically the sheriff—of your bankruptcy if the creditors are not notified in a timely manner. Furthermore, the creditor will not be permitted to continue garnishing wages if the debt in question is included in the bankruptcy discharge. Creditors risk being found in contempt of court if they proceed with wage garnishment attempts even after being notified.

4. Avoiding garnishment of wages under Chapter 13 Most wage garnishments are generally stopped by bankruptcy, and it also stops creditors from requesting fresh garnishment orders against you. The automatic stay is intended to provide you some breathing room while your bankruptcy petition is being reviewed by the court-appointed trustee managing your case. Your creditors are not allowed to continue garnishing your wages if the debt is included in a Chapter 7 discharge. On the other hand, if you filed for Chapter 13 bankruptcy, you should include the debt in your repayment plan so that your attorney may stop your creditors from garnishing your wages.