People who have outstanding debts often go to work hoping to save money from their monthly income and one day have the ability to pay off what they owe. Many creditors will refuse to wait that long. If you are unable to pay your debts, they may file a lawsuit to obtain an order for wage garnishment, which takes money directly from your paycheck. The Law Offices of Michael H. Raichelson is dedicated to helping clients see how to stop wage garnishment in California and keep the money they have rightfully earned at work.
How Does a Creditor Get a Wage Garnishment?
Creditors have the option of using the law to pursuing unpaid debts. They can obtain a court order known as a wage garnishment which requires that your employer withhold a specified amount from your paycheck and give that money directly to the creditor. Typically, a wage garnishment is capped at 25% of your disposable earnings, which is your take-home pay once all deductions and other withholdings are made. A common bankruptcy myth is that wage garnishment is limited to 25%, but in some cases, the court can allow for 50% of your weekly wages or more to be garnished on behalf of your creditors.
You Can Prevent Further Wage Garnishment with an Automatic Stay
You can prepare yourself for the possibility of wage garnishment in advance. If a creditor has filed a lawsuit against you for unpaid debts, you will be notified. When you receive that notice, you should immediately speak with a Ventura County bankruptcy attorney who can explain the ways in which you can protect your rights and your money.
Our California bankruptcy attorneys can help you determine whether filing for bankruptcy is your best option for relieving your financial stress. Filing for bankruptcy induces an automatic stay which stops all forms of wage garnishment and allows you to collect your regular wages during the proceeding. If your underlying debts are dischargeable under Chapter 7 bankruptcy, the debt can be eliminated completely. This means the wage garnishment is also eliminated and will be gone forever.
Contact an Experienced Ventura County Bankruptcy Lawyer
If a creditor has filed a lawsuit against you for wage garnishment, you have the ability to take action to prevent losing your wages. The California Chapter 7 lawyers at the Law Offices of Michael H. Raichelson can stop wage garnishment before it even starts. For a free initial consultation, contact us at 818-444-7770.