Wage Garnishment – What are Your Rights?

wage garnishment

When can wage garnishment come into play?

Wage garnishment is a court judgment that mandates the resolving of debt by taking a portion of your income. A court orders that a person’s employer withhold a specific part of your paycheck. Then, this portion of the paycheck will be sent to the person or creditor to whom you owe payments. 

Some of these debts could be student loans, consumer debts, child support, and more. Furthermore, this wage garnishment will continuously occur until the debt is fully paid or resolved. 

With the right legal representation, your rights will be protected. This lawyer will inform you of your rights, ensure there are limitations on how much of your income can be garnished, etc.  

If you file for bankruptcy, will it stop wage garnishment?

The law immediately starts protecting you from wage garnishment when you file for Chapter 7 bankruptcy. The court will impose an automatic stay, which forbids creditors from continuing collection activity against you while you go through a bankruptcy case. 

Wage garnishment is part of the collection activity. So, it must stop upon you filing for bankruptcy.

The exceptions, however, to this regulation include child support collections and if the court finds favor with a creditor by lifting the stay. This lifting rarely happens unless the following happens:  

  • the creditor possesses collateral secured debt, like a car or house. 
  • Forcing the creditor to wait for the case to end will cause him/her to lose money.

Each state has its own set of regulations, and there is more information concerning these legal ramifications. So, if you live in New York, it will behoove you to consult a reputable lawyer, whether it’s a  reputable bankruptcy lawyer in Brighton Beach or another area in New York. 

What is an automatic stay?

An automatic stay is a US bankruptcy law provision that temporarily prevents collection agencies, government entities, creditors, and others from pursuing debts owed. As previously mentioned, an automatic stay immediately goes into effect once a debtor files for bankruptcy.

Also, automatic stays apply to businesses, individuals, and every chapter of the Bankruptcy Code. It doesn’t apply, however, to non-debtor entities, including co-defendants, corporate officers, guarantors, corporate affiliates, etc. 

What are your rights?

If you have been threatened with wage garnishment or are undergoing wage garnishment, you can get relief. Filing for bankruptcy is the way to go with these matters. However, it is always best to consult with an experienced bankruptcy attorney, and a particular bankruptcy attorney Brighton Beach is the way to go. 

How can bankruptcy attorneys help you? 

An experienced bankruptcy attorney will ensure that your rights are protected. One way they will do that is by ensuring your wage is not garnished. This lawyer will work to make the best situation possible for your situation by making payments that you can comfortably make and more.  

This lawyer will know the ins and outs of bankruptcy law. In fact, one Brighton Beach bankruptcy attorney will take you step-by-step with your situation. And with approximately 20 years of experience, you will be in the best hands. 

In Closing

You don’t have to live in despair, and you can eliminate the stress that comes with wondering how you will pay your bills. For more information about wage garnishment, contact Ursulova Law Offices today. With around 20 years of working on bankruptcy cases, this bankruptcy lawyer Brighton Beach will deliver results. 

This Brighton Beach bankruptcy lawyer have three office locations in New York, NY. So, if you are looking for a bankruptcy attorney in Brighton Beach or a nearby area in New York or one in or around Garden City, this law firm has you covered. So, contact this law firm today!

Ursulova Law offices, P.C.

Contact Ursulova Law Offices, P.C. to find out how our NY Bankruptcy Attorneys can help you today. Our offices are located in New York, Brighton Beach, Brooklyn and Garden City.

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