Debt is a terrible situation to solve. The dire situation worsens when the creditor has to collect your property to make up for the financial damage. Many people who file for bankruptcy do so after the threat of wage garnishment. It is best to contact our attorney before you fall prey to the harsh reality of wage garnishment or bankruptcy.
What to do if you have a wage garnishment
Learn the details
The candidate can only benefit from a garnishment attorney when they learn the details of the problem. We will use the data to make proper documentation for a favorable court judgment. You may need to give us facts to check the local courthouse system for more details about your income and garnishment situation.
Do you have the full details of your potential garnishment? The next step is to find a representative who understands how to stop a garnishment, so discover the next legal course. We will explain various bankruptcy options and debt settlement options to prevent wage and property loss.
The most obvious solution to stop wage garnishment is to declare a Chapter 7 bankruptcy. The process could take years to complete to have a new structure for the debt repayment and system. The Law Office of William W. Waldner may communicate with your company to find reasonable ways to decrease the debt or find a tolerable repayment plan.
Return the wages
Garnishment wages that happen within the first 90 days of a bankruptcy case may prompt a Chapter 7 or 13 cases. We can help you get back your assets, including all the money taken in the interim. We also must determine the assets and items exempt from the return depending on the type of bankruptcy and state laws.
Step by step process of stopping a garnishment
Many states require you send back a response letter when you get the first judgment letter if you are in the process of stopping a wage garnishment without bankruptcy. This demand letter is your opportunity to negotiate a better payment plan to stop or change the process.
Use state solutions
Some states have extra protection against wage garnishment cases. You can use a lawyer as the trustee who distributes your creditors’ payments to remove or eliminate the garnishment case. Our office will give you reasonable options to work with a trustee for better garnishment agreements.
Object the ruling
You have the opportunity to file an objection when you write the court and request a hearing. Some common complaints to present through the lawyer include the following:
- Objecting to the amount of money the creditor collects, we will use the law to adjust the average rate’s garnishment. An example is that your salary has a 50% wage garnishment for child support.
- Objecting to the creditor’s procedures – The court will terminate the process if you fail to give timely notice.
- Object the payment – A creditor who files for garnishment after making payments is not entitled to make more demands. We will object to stop further repayments after you complete the debt.
Schedule a free consultation with our wage garnishment attorney by calling 914-559-9500 before you fall into the wrong debt repayment process.