Avoiding Loss of Wages to Creditors
If you depend on your regular salary or wages to meet crucial ongoing expenses like mortgage payments, rent, grocery bills and more, and if you have unpaid credit card debts or other debts that you cannot catch up with, you may be in danger of wage garnishment.
At the Law Offices of David Lozano, our experienced California bankruptcy lawyers may be able to take immediate action to stop wage garnishment and eliminate the underlying debts. Contact us to schedule a free initial consultation to learn more about your bankruptcy options.
Stopping Garnishment by Filing for Bankruptcy Protection
If you have not been able to make payments on a credit card balance, a medical bill or another debt, your creditor may choose to pursue wage garnishment as a means of collecting on the debt.
Before a creditor can garnish your wages, they must sue you on the debt and obtain a judgment from a court. However, the papers you get notifying you of the court hearing may not make it clear that you are being sued, and if you do not show up for the hearing, your creditor will be given a default judgment.
Once your creditor has gotten a judgment, you may end up getting no further notice before your wages are garnished. You may just get your paycheck one day and discover that it is smaller than usual.
Whether or not garnishment of your wages has already begun, filing for bankruptcy can put an immediate stop to the garnishment efforts (unless it is for tax debt, child support or certain other specific types of debt). Furthermore, Chapter 7 bankruptcy can permanently eliminate certain debts, including credit card and medical debts.
Taking Immediate Action to Protect Your Wages
If you have been notified that your wages are going to be garnished, or if you are concerned that one of your creditors may pursue wage garnishment, you should act quickly to determine whether bankruptcy is right for you, and if so, to file for bankruptcy protection as soon as possible.
In most cases, it is not possible in bankruptcy court to reclaim wages that have already been garnished from your paycheck. Don't hesitate to contact us to avoid any unnecessary, permanent loss of your wages.
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