Can Bankruptcy Help With Wage Garnishments?
Most people cannot afford to have their wages garnished and continue to pay their mortgage and car payment. Tennessee allows up to a fourth of your income to be taken by a judgment creditor to satisfy its debt and half of your income for child support. Such a large deduction jeopardizes the ability of most people to pay their home mortgage, car payment and pay other necessities needed by you and your family.
Another concern is that under federal law, employers are permitted to terminate your employment if you receive a second wage garnishment.
So stopping a garnishment is critical to both your family and your financial well-being.
Will Bankruptcy Help? Ask Philip F. Counce
Call 901-201-6012 or email us for a Free Confidential Consultation
At our law firm you ENTRUST YOUR WELLBEING TO AN ATTORNEY, not a paralegal.
Conveniently located at 3333 Poplar Ave, just west of the Poplar and Highland intersection. Park Free at the door.
Filing for Bankruptcy Stops Garnishments Automatically
Garnishments are stopped by the filing of a bankruptcy case. There are several ways to obtain a release of a garnishment:
- We can obtain a court order from the Bankruptcy Court to stop the garnishment and present it to your employer.
- There is another way to obtain a release without revealing the fact that you filed a bankruptcy to your employer and that protects your privacy. The court that issued the garnishment will usually give a release by presenting the clerk with a Notice of Bankruptcy Case Filing which we will provide you when your case is filed. We are sensitive to your personal life and will guide you whenever possible to a discrete course that protects your privacy.
- State law allows you to file a motion to set payments in the court issuing the garnishment. The clerk will immediately issue a release if this is the first motion filed in the case. This is a good option to consider if this is the only debt you have been unable to pay, and the amount owed is manageable. We can help you file this motion and appear in court with you to help you get this lowest payment possible.
Recovering Garnished Wages
If you decide to file bankruptcy, you may be able to recover the money that was withheld from your wages if you act quickly. Therefore, it is essential that you schedule an appointment as soon as possible if you have been garnished and before the judgments are granted if possible.
Many mistakenly believe that you must file bankruptcy before a judgment is obtained. This is not true and judgments can be wiped out in bankruptcy just like the underlying debt. However, filing before the judgment is obtained can initially avoid a garnishment and prevent a judgment lien from being recorded on your property. Fortunately, there is a process that can be taken to avoid judgment liens to protect exempt property when needed.
Considering Bankruptcy In Tennessee? Call Us Today
Call now to learn about what options are available to you in your particular financial situation. Contact our law firm today online or call 901-201-6012 to schedule a FREE CONFIDENTIAL CONSULTATION.
Unlike many firms, you will always discuss your financial situation with an attorney, not a paralegal or assistant.
We are a Title 11 debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. This ad does not create an attorney-client relationship until a written agreement is signed.