Stop Wage Garnishments through Bankruptcy
Experienced bankruptcy lawyer in Glen Burnie helps you avoid garnishment that reduces your paychecks
If the recent economic downturn has added challenges to your ability to keep up with monthly bill payments, the last thing you need is for one creditor to take up to 25 percent of your wages. There is little comfort in knowing one debt is being repaid when that payment prevents you from paying your mortgage or an auto loan for the car that gets you to your job every day. Additionally, wage garnishment can affect your relationship with your employer. If your pay is already subject to a separate garnishment order, you can lose your job. Robert A. Siegel with The Law Office of Marla Zide, LLC in Glen Burnie can help you stop wage garnishment before it starts.
How wage garnishment works
According to the Maryland Rules, the actual debtor plays a relatively minor role in the process. From a legal standpoint, wage garnishment takes place between these two primary parties:
- The creditor requests the court to issue a writ to your employer to initiate the withholding of a certain portion of your earnings to be used for debt repayment.
- The garnishee is your employer, who must respond to the writ. If you are still an employee, the garnishee must either proceed with the garnishment or issue a defense or objection to the garnishment, including any defense you can assert.
Federal law can permit creditors to seek as much as 25 percent of your disposable income, with allowances made for individuals earning minimum or near-minimum wages. As an experienced bankruptcy attorney, I can answer your bankruptcy questions and help you avoid the devastating effects wage garnishment can have on your ability to pay your most important bills.
How I can help you avoid wage garnishment
Many individuals shy away from filing bankruptcy, erroneously believing it is a painful process that ruins their financial and personal reputations. In fact, one of the benefits of bankruptcy is its ability to temporarily place a stay on the ability of creditors to continue the debt collection process. My detailed knowledge of the bankruptcy laws helps me assess your specific financial circumstances to find the best solutions for you.
When a creditor notifies you that it plans to garnish your wages — or even when you can foresee such notification coming — it is time to schedule a free initial consultation with me to learn how I can help. In many cases, as long as you file for Chapter 13 bankruptcy before garnishment actually begins, I can help you negotiate more affordable loan terms. Often, extending the loan period up to five years can provide you the breathing room to make all your payments in full and on time.
If you meet certain qualifications, I can also help you avoid wage garnishment through a Chapter 7 bankruptcy filing. Filing for Chapter 7 also places an immediate temporary stay on all debt collection efforts. However, the elimination of garnishment typically depends on your ability to liquidate enough assets to repay the debt.
Contact an experienced Glen Burnie bankruptcy attorney to find ways to retain your earnings
For a free initial consultation about how to avoid or delay wage garnishment, contact Robert A. Siegel with The Law Office of Marla Zide, LLC in Glen Burnie at 410-609-3188 or online.
Robert A. Siegel with The Law Office of Marla Zide, LLC is a “Debt Relief Agency” as described in the Federal Bankruptcy Code. This Law Firm helps people file for Bankruptcy relief under the Bankruptcy Code.