Stop Wage Garnishment
Thousands of people file for personal bankruptcy each year in order to be released from their responsibilities of paying certain obligations. For the majority of people, the decision to declare bankruptcy is confronted with considerable personal opposition. This is a natural attitude, given the majority of individuals desire to repay their debts.
This drive to settle debts to a collection agency frequently results in a person borrowing from one creditor to repay another, making minimal monthly payments and never decreasing an account’s principle balance, or taking out cash advances or payday loans with high interest rates and unrealistic payback terms. It’s a cycle that occurs until people fall behind on payments or partially pay what they owe, eventually leading to a mountain of debt.
Because of unsettled debts, wage garnishment may be looming over their heads. It is best to talk to a wage garnishment attorney and stop garnishment before it starts.
Wage garnishment is a particularly painful consequence of owing money to creditors; it occurs when a creditor initiates legal action against you in order to have a portion of your salary deducted from your paycheck.
The law firm of Phoenix Fresh Start Bankruptcy Attorneys understands how debt may have a detrimental impact on your financial and emotional well-being. Our bankruptcy law firm in Phoenix has helped clients manage their debts to prevent wage garnishment.
Call our office today for an initial consultation. We work hard to defend clients in Phoenix who are facing the painful realities of garnishment and other legal proceedings.
Understanding Wage Garnishment
Garnishment, or wage garnishment is a legal term that refers to a legal process in which a third party is instructed to deduct payments directly from a debtor’s income or bank account. The chances of getting a wage garnishment order are high if you have unpaid bills. Garnishments are also used to collect outstanding taxes, monetary fines, child support payments, and delinquent student loan payments.
The third party is typically the debtor’s employer, referred to as the garnishee. Employers are prohibited by federal law from terminating an employee in order to avoid processing a garnishment payment.
What Is the Law in Arizona Regarding Garnishment?
In Arizona, wage garnishment is limited to nonexempt wages, and the creditor must adhere to the maximum amount that can be assessed. For instance, only up to 25% of your income may be deducted straight from your paycheck. Additionally, most creditors cannot garnish your wages unless they acquire a court judgment establishing the amount of money you owe them.
Without a court order, the following forms of debt may be garnished:
- Taxes owed
- Student loans that have been defaulted
- Child support arrears
- Child support awarded by a court
How Can a Wage Garnishment Lawyer in Phoenix Assist Me?
Garnishment of wages is a complicated legal procedure. However, a competent wage garnishment attorney in Phoenix can assist you in understanding all of your alternatives and advising you on the best course of action.
For instance, are you unsure whether debt negotiation is the right course of action for you? Debt negotiation may enable you and your creditor to negotiate an agreement on payment that avoids garnishment and results in more manageable installments that will assist you in gradually eliminating your debt.
However, this can be difficult to accomplish if the creditor already has the ability to deduct the full amount due from your paycheck automatically.
Another possibility is that you pay off your full debt load. However, if you are facing collections, it is unlikely that this is a feasible option. In this case, filing for bankruptcy may be more advantageous.
Objecting to Wage Garnishment
A lender must sue you and obtain a court judgment before garnishing your wages. You have the right to object to the garnishment as part of the process, but you must do so within the specified time period, which can range from five to thirty days. To file an objection, you must get from the court the relevant documents, which will provide instructions on how to proceed with the garnishment.
The objection must include a full explanation of the grounds for your objection, which is why it is vital to write it with the assistance of an experienced wage garnishment attorney in Phoenix. We can help you understand the exemptions regulations and determine whether your earnings should be lawfully safeguarded. Additionally, we may perform any and all necessary calculations to demonstrate that the limit has already been reached.
The objection process does not have to be difficult. Our law firm can help you in navigating the garnishment hearing and determining your legal options for contesting the garnishment order. Our garnishment attorneys will assist you in sorting out documents you may submit to support your objection, including pertinent pay stubs.
Other Ways to Address Garnishment
While objections are frequently helpful in reversing pay garnishment, they are not the only means to defend your wages. If you are facing garnishment for a debt that is not related to child support or spousal maintenance, you may qualify for an automatic stay in bankruptcy.
Moreover, you may be able to avoid garnishment by negotiating a debt settlement. This method entails discussing your financial status with a debtor and agreeing on a manageable payback schedule. If successful, this debt mediation procedure can help you avoid garnishment and craft an affordable repayment plan for your debt. Consult a knowledgeable Phoenix bankruptcy attorney to better understand your alternatives.
Stop Living With Stress & Regret. Call Us Today and Get Legal Advice!
Our Phoenix wage garnishment lawyers have the technical knowledge on wage garnishment laws and how debt problems can affect your life.
The good news is that you do not need to live with debt any more. Filing bankruptcy can be a suitable option to stop wage garnishment. Let us handle your bankruptcy case. We can help you with filing a Chapter 7 Bankruptcy or Chapter 13 Bankruptcy to give you a worry-free fresh start.
Contact Phoenix Fresh Start Bankruptcy today to schedule a free initial consultation. We will look forward to connecting with you and helping you get out of debt.