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Glendale Wage Garnishment Attorney
Wage Garnishment in Glendale, AZ
Wage Garnishment Attorney in Glendale, AZ
If you have been notified that creditors will soon garnish your wages, it is crucial to act promptly to protect your financial future. If you are dealing with a possible (or are currently experiencing) wage garnishment, a solid first step that you can take is to consult with a hands-on Glendale wage garnishment lawyer who can review your case and lay out your legal options.
Wage garnishment in Arizona is pursuant to the federal Consumer Credit Protection Act (CCPA). In general, a garnishee may withhold up to 25% of your non-exempt disposable earnings for a single judgment creditor. In most cases, wages are garnished for debts, including defaulted student loans, unpaid income taxes, outstanding credit card or medical debt, and child support payments. Aside from salaries, bonuses, commissions, or even retirement and pension income may also be subject to garnishment.
If you wish to clarify these things, call our law office at 623-471-1377. A skilled wage garnishment lawyer from Glendale Bankruptcy Attorneys can help you fully understand the legal process of stopping wage garnishment. Our Glendale bankrutcy attorneys can help stop wage garnishment in Arizona
Challenging Wage Garnishment in Glendale, AZ
Since the law requires garnishees to carry out wage garnishments, it is not advisable to try and negotiate with your employer to get them reduced or dismissed.
Generally, up to a quarter of your wages may be garnished until a debt is repaid. What employees can do, however, is to challenge the garnishment. This way, the employer can send withheld wages directly to the court until the dispute has been settled.
Additionally, while an employer cannot retaliate or terminate you solely because a single wage garnishment has been issued against you, you can be lawfully terminated if two or more judgment creditors have secured money judgments.
Dealing with Multiple Judgement Creditors
A judgment creditor can continue collecting a portion of your garnished wages until your debt has been repaid, although some would only do so for a set period of time. If multiple judgment creditors have secured money judgments against you, the first will have full rights to up to 25% wage garnishment, and the succeeding one will have to wait.
In some cases, however, judgment creditors may each garnish a portion of your wages, so long as the total wages garnished do not exceed 25%. To ensure that you do not get confused with all these aspects of wage garnishment laws, call our Glendale bankruptcy lawyers today at 623-471-1377.
Non-exempt Disposable Earnings in Wage Garnishment
The total amount of your non-exempt disposable earnings will determine what shall be withheld from your paycheck. The term disposable earnings pertain to the amount of your wages left after required tax deductions. Some examples required tax deductions include:
- Social Security taxes
- State taxes
- Federal taxes, and
- Medicare taxes
It is essential to remember that disposable earnings do not consider your monthly expenses for food, housing, healthcare, transportation, or clothing.
Meanwhile, the term exempt earnings refer to those wages which a garnishee cannot garnish. Common examples are:
- Supplemental Security Income (SSI),
- Social Security benefits,
- Student assistance,
- Veteran’s benefits, and
- Federal Emergency Management Agency (FEMA) disaster assistance.
For obvious reasons, the best way to stop wage garnishment is to make good faith attempts to pay off your debt. At the very least, be aware that if you start receiving complaints, summons, or judgments, a money judgment and wage garnishment could be forthcoming. Since these notices can be overwhelming, it is best to ask an Arizona wage garnishment lawyer how to reduce or drop the lawsuit.
Preventing Wage Garnishment in Glendale, Arizona
When it comes to stopping or reducing wage garnishment, one of the different options you can take is to file for bankruptcy.
Chapter 7 and Chapter 13 are two main types of bankruptcy that offer different benefits. A Chapter 7 bankruptcy will liquidate some of your non-exempt assets, but you may be able to have most of your debts discharged. Meanwhile, through filing Chapter 13, you will be able to stop foreclosure and repossession by completing a restructured payment plan that the bankruptcy court approves.
A bankruptcy petition may be a viable option if you have:
- Only very few assets,
- Different types of debt that exceed $10,000,
- Outstanding judgments that cannot be set aside, or
- Have lost a considerable monthly income in the past three months due to wage garnishment
Call us today at 623-471-1377 to find out how we can help you file for bankruptcy.
Preventing Wage Garnishment Through the Automatic Stay
Once you file for bankruptcy, the automatic stay prevents creditors and debt collectors from collecting debt repayment, harassing you over the phone, and proceeding with wage garnishment.
When it comes to stopping wage garnishment, declaring bankruptcy is the most flexible option you can take. It can be initiated either before your creditor secures a money judgment, or after your wages have already been subject to garnishment.
Trusted Arizona wage garnishment lawyers at Glendale Bankruptcy Attorneys can help you understand this process better. Call us today at 623-471-1377 to find out how we can help you stop garnishment.
Arizona Wage Garnishment Statutes
According to a study conducted by Automatic Data Processing, more than 7% of Americans have had their earnings garnished by a debt collector. Losing part of your income can be very difficult, especially given the economic uncertainty brought about by the coronavirus pandemic. However, the most important thing to understand about wage garnishment is that you are not helpless to stop it.
Wage garnishment, or the legal proceeding in which the court requires an employer to withhold a portion of an employee’s wages in order to pay off a debt, can be very difficult to deal with. However, by educating yourself and consulting with a reliable local attorney, you can take control of your circumstances and improve your financial situation.
Our Glendale bankruptcy and wage garnishment lawyers can help you file your bankruptcy and assist you all throughout the bankruptcy process. Consult with trusted Glendale bankruptcy lawyers who can give your case the attention it deserves. Call us today at 623-471-1377 to find out how we can help you file for bankruptcy or find other ways to deal with your financial situation.
Stop Wage Garnishment Through the Help of a Glendale Wage Garnishment Lawyer
If you are struggling financially, an Arizona wage garnishment lawyer can help you file for bankruptcy and take action to improve your financial situation. Contact our Glendale bankruptcy law firm today or call us at 623-471-1377 for a free consultation in Glendale and nearby communities in Arizona.
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