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garnishment will be dismissed. How can a bank get a levy garnishment and what does that mean?
When an individual fails to pay off the debt the creditor can enforce the process of garnishment to exact some amount of the dues. Sometimes the debtor files for bankruptcy to vacate the garnishment order and thereby avoid the payment of the debt. It is at this time that a creditor will file for a levy to take extra means to recoup the debt that is owed. Many times this can mean leaving the debtor having many questions as to what rights they may have. These processes can be quite complicated and it is better to ask a bankruptcy lawyer to suggest the best course of action. ">Garnishment is the process a creditor may use to collect money from past due accounts. Garnishment can only lawfully happen under the instruction from the court. Most generally the court action is filed within court of jurisdiction that is in the same community where the defaulter lives. The court usually will grant access for the debt to be repaid via garnishment of wages. Under this process the non-payer’s employer is informed of the court process and the latter is instructed to deduct a part of the wages from each pay check. The employer then sends the deducted money to the creditor and the creditor in turn puts it to the debtor’s account. This process is complicated and might give rise to many questions that are asked to bankruptcy lawyers online. This article provides answers to some of the most commonly asked questions about such issues : What does the garnishment law mean to an employee?
If someone is under the process of garnishment the person is entitled to receive some part of the salary under Federal Law. The Consumer Credit Protection Act provides these individuals with these rights: 1. The person cannot be fired from the job because of garnishment; 2. The upper limit of garnishment for normal debts has been set at 25% of the individual’s wages; 3. Usually not more than 50% – 60% of the individual’s extra money can be deducted because of child support, bankruptcy or even taxes. If someone filed a garnishment case against someone that has filed bankruptcy, if the bankruptcy is not removed should you file a writ of garnishment to continue garnishing the person’s pay?
In some cases a renewal of the writ of garnishment is required and then the court has to approve it. If the bankruptcy is filed and the garnishment is removed some people believe that it is best to get it approved by the State Court. Also, a motion could be filed to the court for the removal of the automatic stay. However, since the bankruptcy has been removed in this case, it may not be possible to do that. The local sheriff’s office that enforced the garnishment can be contacted and a request can be made to continue with the same without a court order. What can be done to stop a garnishment?
There are two ways to stop a garnishment. A bankruptcy can be filed to stop it. Once it is filed all garnishments are stopped that were in force. There is another way to stop the process. One can contact the creditor and discuss with them as to how they can arrive at a mutually agreed settlement where the garnishment will be dismissed. How can a bank get a levy garnishment and what does that mean?
When an individual fails to pay off the debt the creditor can enforce the process of garnishment to exact some amount of the dues. Sometimes the debtor files for bankruptcy to vacate the garnishment order and thereby avoid the payment of the debt. It is at this time that a creditor will file for a levy to take extra means to recoup the debt that is owed. Many times this can mean leaving the debtor having many questions as to what rights they may have. These processes can be quite complicated and it is better to ask a bankruptcy lawyer to suggest the best course of action.
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