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Stop Wage Garnishment

Madisonville Wage Garnishment Solutions for Your Financial Freedom

Understanding Wage Garnishment: What You Need to Know

Wage garnishment occurs when an employer is obligated to withhold part of an employee's earnings for the payment of a debt brought about through a court order by a creditor. Wage garnishment includes attaching wages and bank accounts. The garnishment action can amount to up to 25% of your disposable income.

If you are seeking to stop wage garnishment due to difficulties, there are some options to approach. You can:

  • Pay the debt and avoid being sued:
  • Appeal to a court in Kentucky: If it affects your need for food or housing, it's important to seek help.
  • Bankruptcy: If you need legal assistance in stopping a wage garnishment through bankruptcy, contact my firm to schedule a consultation with me about your financial situation.

How Filing Bankruptcy Can Stop Wage Garnishment

When you file for bankruptcy, whether it is Chapter 7 or Chapter 13, an automatic stay is imposed by the bankruptcy court against the continuance of any action against you by any of your creditors. This automatic stay gives you, as the debtor, protection against these creditors in furthering their attempts to collect from you.

This stay prohibits:

  • Repossessions
  • Foreclosure sales
  • Collection calls
  • Beginning or continuing lawsuits
  • Garnishment of wages by creditors

The automatic stay continues in effect until it is lifted by a judge at your request, or you obtain a discharge of your debts through the bankruptcy court.

When you receive a discharge of your debts through the bankruptcy court, the automatic stay is replaced by a permanent court injunction that bars creditors from trying to collect on the debts earlier discharged. Thus, once a debt is filed in the bankruptcy petition, the creditor can only seek recourse on the debt through the court and can never again contact you as the debtor about it.

Contact Our Kentucky Wage Garnishment Lawyers for Help

If you wish to stop a wage garnishment, seeking information about bankruptcy may be your best option. I have been in practice for over 35 years. My goal is to help you regain control of your financial situation. I can help you understand your legal options and provide the guidance you need to resolve your wage garnishment and other financial distress.

It’s the worst! Creditors calling, garnishments, lawsuits. We can help make it all go away. We have helped thousands of people get out of debt and start over new. Our wage garnishment lawyers can help you too!

Commonly Asked Questions

How does filing for bankruptcy affect wage garnishment?

Filing for bankruptcy can significantly impact wage garnishment. When you file, an automatic stay is put in place, which halts all collection actions, including wage garnishments. This means that creditors cannot continue to deduct money from your paycheck while your bankruptcy case is active. Depending on the type of bankruptcy you file, either Chapter 7 or Chapter 13, you may be able to discharge certain debts entirely or create a manageable repayment plan.

What are the long-term effects of wage garnishment on my finances?

Wage garnishment can have lasting effects on your financial health. It reduces your disposable income, making it challenging to meet everyday expenses such as housing, food, and transportation. Over time, this can lead to increased stress and potential further financial issues, including missed payments on other debts. Additionally, having a garnishment on your record can negatively impact your credit score, making it harder to secure loans or credit in the future.

Can I appeal a wage garnishment order in Madisonville?

Yes, you can appeal a wage garnishment order in Madisonville. If you believe that the garnishment is causing undue hardship, particularly affecting your ability to afford basic necessities like food and housing, you can file a motion with the court to contest the garnishment. It is essential to gather evidence that supports your claim and to understand the specific legal procedures involved in the appeal process. Consulting with a knowledgeable attorney can provide you with the guidance needed to effectively present your case and potentially stop the garnishment.

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