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What are my options to stop wage garnishment?

On Behalf of | Nov 16, 2017 | blog |

Having your wages garnished can turn out to be a nasty and stressful “surprise.” You are likely already struggling with bills and debts, and now you are losing a significant portion of your income. The net effect can be that you no longer have all the money necessary for mortgage payments, food and other essentials.

So, what are your options to stop garnishment?

Contact an attorney

Your best bet in getting a garnishment quickly resolved is to contact an attorney. This person can help you determine if something such as bankruptcy would be a good path or if another option such as debt settlement could be better. You will discuss, among other things, the assets and debts you have and what you would like to keep. This helps determine if a Chapter 7 or Chapter 13 bankruptcy would benefit you.

File for bankruptcy

In many cases, bankruptcy is the best option. It might seem like an overreaction to wage garnishment, but chances are that many other issues are going on at the same time. Bankruptcy can address many problems in a single stroke and stop creditor harassment and asset repossession, among other things. In some cases, you might even be able to get your garnished wages back. The more quickly you act, the better.

Instead of bankruptcy, you may prefer for your attorney to talk to your creditors about a settlement. Sometimes, this avenue can be productive.

Understand what debts are covered

In a bankruptcy, the wage garnishment may not always stop or may not stop fully. For example, if your wages are being garnished to pay child support or taxes, it is unlikely bankruptcy can put a stop to them. Other garnishments due to, say, credit card or medical bills should be able to be stopped.

Of course, a bankruptcy filing can seem overwhelming with a lot of documents required. Fortunately, it is possible to file an emergency case with just a minimum of information. The other details will come later.

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