Garnishments & Bankruptcy
What is Garnishment?
Garnishment is often used by creditors to collect money from you. However, it can have a devastating impact on you and your finances. If you're having trouble paying your bills, your creditors can take your property and/or wages through garnishment proceedings. If the court decides you must pay the creditor and you don't have money available, the court can allow the creditor to garnish (take money from) your property or wages. Wage garnishment is when the sheriff presents your employer with garnishment papers, ordering the employer to take out a certain amount from each paycheck to pay your debt.
How Filing for Bankruptcy Stops Garnishments
Immediately after you file for bankruptcy, the "automatic stay" goes into effect. When this happens, creditors are no longer permitted to garnish your wages or make any other attempts to collect debts that existed before you filed for bankruptcy. The only exception may be for on-going child or family support ordered by a court. If the debt that resulted in the garnishment is discharged in bankruptcy, it will will forever eliminate a creditor's right to garnish your wages or take any other action to collect that debt.
What if the creditor refuses to stop the garnishment after I file?
If the creditor does not stop the garnishment after you file for bankruptcy, it is a very serious issue, and we will pursue the creditor on your behalf to force them to stop the garnishment, if necessary. We have successfully sued creditors on behalf our clients when garnishments were not stopped after a bankruptcy filing. This is done at no cost to the client.
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We Can Help
If you are facing a financial crisis, you need to know your options. Bankruptcy may be a solution. CONTACT an Orange County Bankruptcy Attorney at the Anaheim law offices of Nicastro Piscopo today for a FREE consultation.
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Our multi-lingual staff can assist you in English, Spanish and Portugese. Please inquire about interpreter services at our offices in Anaheim.
We are a debt relief agency. We help people file for bankruptcy relief and have been doing so for over 16 years.
