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Having your wages garnished can be devastating, especially when money is already tight. Losing a portion of your check to satisfy a court-ordered obligation can make it hard to provide for your loved ones or keep food on the table.
If you are currently having your wages garnished, it is important to know that you have options available to you. Our experienced bankruptcy attorneys can help you determine how these protections might be right for you. Call today to discuss bankruptcy and wage garnishment in Toledo.
Wage garnishments are tools used by creditors to collect money they are owed. Instead of working out a payment plan or negotiating voluntary settlements, wage garnishments are court orders that require your employer to withhold a portion of your paycheck. Instead of that money going to your family, it is instead sent to your creditors. You could find your wages garnished for a variety of debts, from credit card balances to civil judgements and even delinquent child support.
Filing for bankruptcy can provide immediate relief from wage garnishment in most cases. As soon as a bankruptcy case is filed, something called the automatic stay goes into effect. This stay is a powerful legal protection that stops most creditors from continuing collection efforts, including wage garnishments. If your wages are currently being garnished, the garnishment must typically stop as soon as your employer receives notice of the bankruptcy filing.
In a Chapter 7 bankruptcy, unsecured debts like credit card balances, personal loans, and medical bills may be discharged, meaning you are no longer legally required to pay them. If the wage garnishment is related to one of these debts, the garnishment will not resume after the case is completed.
In Chapter 13 bankruptcy, garnishment is also halted, but instead of eliminating debts outright, you propose a repayment plan lasting three to five years. This plan may reduce the total amount owed and provide a more manageable structure for repayment.
Bankruptcy doesn’t stop all garnishments, however. You could still see your wages taken for things like child support or back taxes. That said, an attorney could help you understand how bankruptcy might impact your wage garnishment in Toledo.
Bankruptcy is the most surefire way to bring your garnishment to a halt, but there are some other tools to be aware of. Depending on the entity that is garnishing your wages, you might be able to work out a settlement with your creditor instead of having your wages garnished. This could come in the form of a lump sum settlement or an agreed monthly payment.
You might also have luck challenging the validity of the garnishment in court. There are laws about how much of your wages can be seized in this way, and there are also protections for low income individuals. You could potentially have the garnishment overturned if the creditor failed to follow the law or provide you with notice. Our attorneys can answer your questions on whether Bankruptcy is the best way to stop your wage garnishments in Toledo.
If you are struggling with having your wages garnished, it may be time to discuss the prospect of filing for bankruptcy. The protections of the bankruptcy code could shield you from these obligations. Instead of allowing a portion of every paycheck to be taken from you, consider reaching out to our firm to discuss bankruptcy and wage garnishment in Toledo. Fill out our online debt calculator for instant information about your options.
We have locations available by appointment in the following areas. Please call us to speak to an attorney and set up an initial meeting.
We are a debt relief agency helping people file bankruptcy under the United States Bankruptcy Code.
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