How to Stop Wage Garnishment

The Garnishment Process

Debtors need to understand the garnishment process to be able to take the proper steps toward ending the collection process. First and foremost, a creditor cannot seize a portion of your paycheck without going through the proper legal channels. The first step a creditor must take is filing a lawsuit against you in civil court. If you’re found to be responsible for repaying the debt, the judge will issue a judgment that states how much you have to pay the creditor. The amount is usually more than what you originally owed because court fees are attached.

Once the judgement is issued, the creditor has the option to garnish wages right away or work out a repayment plan. In many cases, creditors prefer to do the latter. It is only when a person doesn’t make an attempt to work out a repayment plan that most creditors opt file garnishment paperwork.

If your wages are being garnished without a judgement, this is against the law. Also, only 1 creditor can garnish wages at one time. If more than one creditor is garnishing wages, or your wages are being taken without a judgment, contact a lawyer immediately.

Filing for Bankruptcy

In the state of Washington, a creditor can take as much as 25% of your net pay (take-home pay). Because so many people live paycheck to paycheck 25% is a big deal. In fact, most people who find themselves in these situations have very little extra money to spare. It isn’t uncommon for a garnishment to begin to affect a person’s ability to pay other loans, leading to a financial situation that can spiral out of control in the blink of an eye.

One of the best ways to immediately halt wage garnishment is to file for bankruptcy. Bankruptcy not only prevents money from coming out of your paycheck going forward, but it can also recover funds that were seized up to 60 days prior to the bankruptcy filing.

There are two types of bankruptcy that the majority of people file: Chapter 7 and Chapter 13. Each one has its pros and cons. Chapter 7 eliminates your financial responsibility for most debts immediately. However, it could mean that you have to give up your car or home. Chapter 13 doesn’t eliminate the debt, but allows you a second chance to work out a payment plan that is approved and managed by the Court. Higher income filers typically choose to file for Chapter 13 bankruptcy. Of course, there are restrictions on all kinds of bankruptcy filings. A bankruptcy attorney can help you decide which is best for your individual situation.

Other Garnishment Info

If you’re on the fence about choosing bankruptcy as a means to stop your wages from being garnished, consider the following. You may think garnishment is the best way to handle the situation because you feel you have no choice. However, if you have numerous creditors, it’s possible that you could be facing garnishment procedures for years to come. Switching jobs may help you evade your financial responsibility temporarily, but creditors have sneaky ways of finding out where you work. The best action to take is to contact a bankruptcy lawyer to learn how to stop wage garnishment in Seattle today.

Travis A. Gagnier, Attorney at Law Travis A. Gagnier, Attorney at Law in Seattle, WA provides experienced legal assistance with integrity and compassion. Call us today for a free consultation! Visit our page on http://www.choosetherightchapter.com/ to see our page today!

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