Garnishments

Wage garnishment is a legal procedure in which a person’s earnings are required by court order to be withheld by an employer for the payment of a debt.

Bankruptcy can Stop Wage Garnishment

Wage garnishment occurs after a creditor files suit and obtains a judgment. If the creditor doesn't already know where you work from things you've said in your credit application, they can find out be serving an information subpoena on you which is a legal questionnaire that you must answer or risk being held in contempt of court. In California 25% of your gross income after state and federal withholding is attached, and you never see it (up to 50% in some custody claim cases). And it all starts when a creditor has filed a Earnings Withholding Order to collect on a debt.

The bankruptcy stay stops all actions to collect a debt. As a wage garnishment is just such an action, a creditor is required to remove the garnishment after the bankruptcy is filed.

Even though the wage order arises through a judgment in a California court, Federal law supersedes and takes precedence over state law where the federal government legislation is intended to be a comprehensive scheme covering the area of conduct legislated. Thus, bankruptcy is the supreme law of the land and is obeyed by state authorities.

A bankruptcy discharge provides the individual with financial freedom that they seek when they file their case. The bankruptcy stay becomes a permanent injunction at the time of the discharge. No one can collect or enforce personal liability on a debt that has been discharged in a bankruptcy proceeding. Learn more...

We work with you to help you keep as much of your property as possible while putting an immediate stop to:

San Diego Bankruptcy Lawyers: Home foreclosures

San Diego Bankruptcy Attorney: Car repossessions

San Diego Bankruptcy Lawyer: Garnishments

San Diego Bankruptcy Lawyer: Credit card debt

San Diego Bankruptcy Attorneys: Creditor harassment

San Diego Bankruptcy Lawyers: Lawsuits

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