Hayward Wage Garnishment Lawyers
Do not wait to stop garnishment of your wages. Timing is everything. The faster we file your case the more likely you will get garnished wages back. Bankruptcy can get rid of your wage garnishment and judgment forever. During your no obligation FREE PHONE CONSULTATION with our Hayward wage garnishment attorneys to find out if bankruptcy is right for you. 1-877-963-9543
The maximum amount your wages can be garnished is regulated by federal law. Wages can be garnished up to 25% of your net income. Each state has individual laws to further regulate the procedure to garnish wages. Once the earnings withholding order is served on your employer’s payroll department they should provide you with the information served upon them including information about how to claim exemptions to attempt to lower the amount that can be garnished from you earnings. See Claim of Exemption Wage Garnishment for more information. It is possible to have the earnings withholding order eliminated and/or terminated. You must file a notice of claim of exemption with a financial statement to prove all of your net income is being used to support your family and you. Therefore, there is nothing that can be garnished. The judgment creditor may oppose your claim of exemption and then a hearing will be held to determine who is right and whether garnishment can continue. Terminating the earnings withholding order does nothing to get rid of the judgment entered against you though. Bankruptcy will do both. Our Hayward wage garnishment lawyers will explain how to stop the garnishment of your wages and how bankruptcy will discharge the judgment forever.
There are alternatives to filing bankruptcy to stop the garnishment of your wages. The problem is you will need some money and have to make some payments yourself. Some creditors will stop wage garnishment if you enter into an installment agreement with them to satisfy the judgment. The creditor will most likely not budge on the total amount owed given they have a judgment and completed everything to garnish your wages. If you are lucky they may accept a lump sum cash payment to settle and satisfy the judgment. Again, the problem is you need case to make the lump sum cash payment or monthly disposable income to make an installment payment each month. Most people with a judgment entered against them are having financial problems, so making a monthly payment or a lumps sum cash payment is just not possible.
Filing bankruptcy will stop wage garnishment and get rid or discharge the judgment entered against you. If you are eligible to file a chapter 7 bankruptcy based upon your income, expenses, debts and assets, your general unsecured debts including the judgment will be discharged. Once the bankruptcy case is filed notice is provided to the judgment creditor and the levying officer (usually the county sheriff). The garnishment of your wages will not actually be stopped until the judgment creditor sends a release of the withholding order to the levying officer. Then the levying officer has to send a release to your payroll department to stop the wage garnishment.
If you wages are being garnished by the Internal Revenue Service or Franchise Tax Board the process of stopping the garnishment is more or less the same as if the party is a judgment creditor. The largest difference is the IRS and FTB do not have to sue you first, obtain a judgment and then enforce the judgment by garnishing your wages.
If your bankruptcy case is filed soon after your wages are garnished we can even get the money back already garnished. Again, timing is of the essence. So do not wait until your payroll department tells you they have received notice to garnish your wages. When you receive notice a judgment was entered against you is the time to take action. We can help you now and it is easier sooner rather than later. If you have a judgment entered against you then it is possible that wage garnishment is coming next. Your bank accounts could also be levied on too. Please call our Hayward wage garnishment attorneys | lawyers at (510) 574-7320 to schedule a free consultation.
With offices in Fremont, Oakland, San Jose, Redwood City and San Francisco we represent clients throughout the Bay Area including Contra Costa County, Albany, Berkeley, Dublin, Emeryville, Livermore, Newark, Piedmont, Pleasanton, San Leandro and Union City.