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Stop Wage Garnishments
What exactly is wage garnishment?
Wage garnishment is one of the most popular and effective methods of collection used by a creditor. It allows the creditor to take money directly from a debtor’s (your) paycheck. The debtor’s employer is required by law to withhold a portion of the employee’s check. The amount a creditor can take out is limited by statute in Arizona to 25 percent for ordinary judgments (credit card bills, repossessions, loans) and up to 50 percent for alimony and child support. Certain types of income cannot be garnished, such as social security income and public benefits
How does a garnishment happen?
If you become delinquent to one of your creditors, a writ of garnishment is an order granted to your creditor by a court ordering your employer to garnish the wages of the defendant (you) by X amount each paycheck. Such a writ is only granted after the plaintiff (your creditor) has filed suit to recover a debt and received a favorable judgment. Your wages can not be garnished without a judgment being in place, as every individual in Arizona is guaranteed the right to due process. So, unless your creditor has sued you and won, do not worry about your employer receiving such a writ and garnishing your wages.
A writ of garnishment not only states the amount to be garnished from a person’s paycheck; it also provides instructions as to where the amount taken from the paycheck should be sent. If your employer receives a writ of garnishment, he has no choice but to do as he has been instructed no matter how much he may not want to.
Don’t be upset with your employer, he really has no choice in the matter. An employer who refuses to do as the writ orders could face serious legal trouble himself since he is disobeying the order of a court of law. Therefore, pleading with your employer to ignore the writ and not garnish your wages is probably a waste of time.
Don’t worry, there are ways to stop a wage garnishment. Current federal laws allow the people of Arizona to seek relief through filing for bankruptcy. Bankruptcy generally acts as a protection for debtors as it stops a wage garnishment.
Consult with our experienced bankruptcy attorneys and lawyers at the Bornmann Law Group to learn how filing for bankruptcy will stop a wage garnishment and protect you from your creditors. In most cases, you can stop wage garnishment immediately by filing for bankruptcy. The automatic stay will immediately stop the wage garnishment. The discharge of their indebtedness will be final once the bankruptcy is complete and discharged.
If your wages are currently being garnished, get some help!
If you have questions about the process of filing Bankruptcy in Arizona please contact the affordable bankruptcy lawyers and attorneys at the Bornmann Law Group, PLLC (480) 263-1699 or (520) 306-8729 for a free initial consultation to discuss your legal options in avoiding repossession and filing Bankruptcy in Arizona. With locations in Phoenix, Chandler, Tucson, and Flagstaff we are an Arizona debt relief agency and help people file for Bankruptcy under the Bankruptcy Code. Don’t lose everything. Get a "Fresh Start" today. Visit our website at http://www.bankruptcy-az.com for more information.
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Source: http://www.goinglegal.com/stop-wage-garnishments-1761853.html
Source: http://www.goinglegal.com/stop-wage-garnishments-1761853.html