104. How Do I Stop a Wage Garnishment Before My Next Payday?

Are worried about having your wages garnished? If so, you know that there is never a good time for a wage garnishment. In fact, you are probably concerned about keeping up with your bills and living expenses. You should be aware that there are limits on garnishments. The State of California prohibits creditors from garnishing more than 25% of your wages after deductions. However, if you do not earn much, California law can protect even more. 

What Are Your Options?

While bankruptcy can be a scary thought, it is a great way to stop a wage garnishment fast. Once your bankruptcy case is filed, the judge will issue an order to all of your creditors to stop any attempts to collect. This includes a wage garnishment.

  1. Hire a Qualified Bankruptcy Attorney: You will need a qualified bankruptcy expert to help you navigate the legal process to avoid or handle any problems that may arise with your case. This is especially true if you need to file quickly. You do not have to do this alone!
  2. Complete Credit Counseling: You must complete a credit counseling course from an approved provider before your bankruptcy case is filed. This is required by the Bankruptcy Code. If you know that you will be filing soon, you should take the course as soon as possible. Most courses are offered online and can be completed in about an hour or less.
  3. Pay Your Legal Fees: If you are looking to file under Chapter 7, you will need to pay your attorney and the filing fee first. Unfortunately, with a Chapter 7 bankruptcy, you are unable to make monthly payments. When you file for bankruptcy, your attorney is technically a creditor in your case, since you owe the attorney money.

More Information on the Process

While the first three steps are straightforward, there is so much more involved in a bankruptcy case. While the average bankruptcy is anywhere from 45 to 60 pages, the court allows you to do an emergency filing to stop the garnishment. This will allow you to provide the necessary information about you and your finances to your attorney and file any remaining documents with the court. Once your bankruptcy is filed, the bankruptcy court will issue an order which you can provide to your employer to stop the garnishment.

If you are ready to file for bankruptcy, you should be mindful of when your employer processes payroll. This will give you and your attorney a time frame for filing your bankruptcy before your payroll is processed. This will help you keep as much money as possible.

Ready To Take The Next Steps?

Before you take any action, be sure that you are informed. At the Law Office of Daniela Romero, we believe in relationships that are based on trust. Before we work together we would like to get to know you and we would like you to get to know us. We want you to be sure that we are the perfect fit for you. Call us for a free consultation to find out the options that will work best to help eliminate your wage garnishment before your next payday.

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Daniela Romero

Daniela Romero has been practicing law in the Los Angeles area since 1998. Ms. Romero has practiced in the areas of civil litigation, family law and bankruptcy law. She was also the staff attorney for the Los Angeles County Bar Association’s Domestic Violence Project. MORE

PASADENA and SAN GABRIEL VALLEY BANKRUPTCY LAWYER

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