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It can be financially painful when your wages are being garnished. Stop check garnishments with bankruptcy protection in Washington State. Erin M. Lane and her legal team can help you get back on your financial feet. See if you qualify, and get your bankruptcy questions answered today with a FREE initial case consultation.
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How to stop your wages from being garnished with bankruptcy protection in Washington State.
A garnishment can put a precarious financial situation into a tailspin as soon as it hits. Fortunately bankruptcy can stop a garnishment the moment it is filed. Garnishment can be devastating because a creditor is allowed to garnish 25% of your take-home pay. Once you are being garnished, it will probably be impossible to pay rent, make car payments, pay for gas to get to work and take care of other necessities every month.
If you start missing some of these payments, things will just get worse. Only one creditor can garnish at a time and as you miss other payments, the creditors that are being ignored will consider garnishment. They can line up one after another to garnish 25% of your wages. Because the garnishment must be renewed every 60 days, legal fees are added every time the creditor’s attorney has to do more work. Many people find the amount garnished is not even enough to keep up with interest and legal fees.
Stop check garnishments by staying ahead of the situation.
The good thing is that a garnishment does not come out of nowhere. First the creditor has to file a lawsuit against you. This suit cannot be commenced by simply mailing documents to you. The creditor must personally serve you with a summons and complaint. You have 20 days to answer the complaint. If you do not, the creditor can get a default judgment against you without notice and start garnishment. You can stop garnishments before they start and even buy yourself valuable time with at least responding to the suit with a simple answer, even if you respond say you do not know how accurate their figures are.
If your only source of income is social security, public aid, unemployment or child support, this income cannot be garnished. If this is your only income and you do not have any significant assets or you may be “judgment proof”. That means a creditor can get a judgment against you but has no way of collecting. Many people in this situation prefer to deal with their debt by filing bankruptcy because it stops collection calls and puts all of their creditors on notice that they cannot get paid.
In some cases, you can recover what has already been garnished.
Not only can a bankruptcy stop garnishments immediately, in some cases you can recover funds garnished in the last 60 days. It’s best not to wait for a garnishment to hit before you consider bankruptcy. There are fees to pay and a lot of information to gather. You may not be able to file your case until you have already lost a significant sum.
Call for a FREE phone consultation with our skilled Tacoma bankruptcy attorneys from our firm today!
If you have received a lawsuit or are even being threatened with one and you don’t see any hope of surviving a 25% garnishment, you should talk to a Tacoma bankruptcy attorney. It’s certainly worth exploring the option! Call a Tacoma bankruptcy lawyer from our team today!
Questions? Email us today.