If you are facing wage garnishment, it can be overwhelming and quite scary. If you’re already under pressure financially, the added turmoil of seeing your wages garnished may mean you no longer are able to buy groceries or pay for essentials like gas to get to work. You don’t have to panic. At King & King we understand and may be able to help you.
If a creditor is garnishing your wages, we can stop the wage garnishment with a bankruptcy filing. In some cases, we may even be able to recover some of the garnished wages after we file your case.
When you file for bankruptcy, an automatic stay goes into effect. Before a creditor can resume collection efforts, they must ask a court to lift a stay. The creditor must have a valid reason for lifting a stay. Most creditors would not be able to get the stay lifted. Therefore, your wages would be protected as you work your way through the bankruptcy court.
If your debt is discharged by the bankruptcy court, the creditor cannot resume garnishment to collect the debt. If your case gets dismissed without a discharge, the creditor can take steps to reinstate the wage garnishment following the dismissal.
If your garnishments were within a 90-day period prior to your bankruptcy filing, the amount garnished was more than $600, and you have enough exemptions to cover them, we may be able to recover and return some of the garnishment proceeds.
By working with your experienced King & King bankruptcy attorney, you can stop wage garnishments and reclaim your financial freedom. Call our office today at 404-524-6400 and find out how we can help you.