Stop Wage Garnishment in Southern Indiana
Are your wages being garnished? Has your bank account been frozen by a bank attachment? A garnishment or attachment can occur following delinquency on any financial obligation. Richard A. Schwartz, Bankruptcy Attorney, we understand the impact that garnished wages and bank attachments can have. For most people with a garnishment or attachment, they are already unable to pay their bills for one reason or another and now what limited financial resources you have are diminished.
A wage garnishment can take up to 25 percent of your paycheck and a bank attachment can take the entire balance of your bank account. Let our bankruptcy lawyers help you keep your money.
How Do You Effectively Fight Wage Garnishment?
There are few options. Once your employer has received their notice of the garnishment, they must comply. To secure a wage garnishment the creditor has to seek a judgment in court. The creditor need only make one attempt at notifying you that they are seeking a judgment on your debt. If you fail to go to court they will receive a default judgment and use that as the basis for a garnishment.
With so much of your pay at stake, many people realize that they have no choice but to try and fight the garnishment of their wages. Especially for people who are already struggling to pay the bills, losing a quarter of your income may not leave you enough to live on.
How Can Bankruptcy Help Fight a Wage Garnishment?
Both Chapter 7 bankruptcy and Chapter 13 bankruptcy contain a provision called the automatic stay. An automatic stay causes all collection activities to immediately cease, including most garnishments. A garnishment for unpaid child support will not be affected.
Personal bankruptcy and its automatic stay is one of the few tools that can fight a garnishment. When a creditor gets the judgment for a garnishment, they will not let it go unless they are forced to. Chapter 7 and Chapter 13 bankruptcy force creditors to let go of the garnishment of your wages.
Contact Us
For help getting out from under debt, in Kentucky call 502-638-2441, in Indiana call 812-399-0959, and toll free in either at 866-270-4495 or simply contact us online to set up your free initial consultation with one of our New Albany or Louisville wage garnishment attorneys. Evening, weekend and in-home appointments are available for your convenience.
