Wage Garnishment – They Took My Paycheck!
If you are facing wage garnishment, you already know the terrible feeling you get when you suddenly realize your paycheck has decreased substantially. However, you do not have to submit to a wage garnishment when there are other options available to you. The bankruptcy attorneys at Oswalt Law Group in Phoenix want to help you deal with issues such as wage garnishment in a positive way.
The Facts About Garnishment
Wage garnishment is a remedy available to creditors who have a judgement against you for a debt you owe. It is also a remedy that is available in certain cases for unpaid child support, spousal support or other court-ordered payments. Once an order for garnishment has been entered against you, it is very difficult to have it removed. People sometimes quit their jobs in order to avoid garnishments, but this is not a productive solution to your problem. A better way to handle garnishment is to seek the advice of an attorney who can file motions on your behalf to address the situation. The procedure for a garnishment generally follows this pattern:
- The creditor notifies the debtor of the amount of the debt and its intent to institute collection proceedings. These collection proceedings may begin with letters or phone calls, but at some point the creditor must file a motion in court in order to receive a judgment. The court of record depends on where the defendant is located, the amount and type of the debt and other factors.
- The creditor may receive a judgment immediately if the debtor does not answer the court’s notice that a claim has been filed. Once a judgment is entered, the debtor has a limited amount of time to appeal the decision. After that time has passed, it is very difficult to have a judgment reversed.
- Once the judgment is entered and the statutory appeal period has passed, the creditor may begin to pursue methods of collecting the debt, including wage garnishment, bank levies and even a sheriff’s sale.
What Should I Do If I Am Facing a Judgment?
If a creditor has served you with notice of a claim or secured a judgment against you, be sure to contact an attorney immediately. The bankruptcy attorneys at the Oswalt Law Group are ready to help you with whatever financial issues you are facing and can assist you in handling claims and lawsuits.