How soon can a garnishment on my check be stopped?
One of the most common cases we receive here at Charles Huber Law from clients is those pertaining to garnishments. Essentially, a garnishment order is a debt collection tool that allows an employer to withhold a certain percentage of an employee’s income and award it to their creditors. For most people, having their wages garnished can be an overwhelming and scary experience – a crisis of sorts. Hence, it’s no surprise that clients turn to our bankruptcy attorney in Bridgeton Mo, to discover how they can stop the garnishment before they file for bankruptcy. If you are facing a garnishment, don’t despair – there are solutions. Here’s what our bankruptcy attorney in Bridgeton, Mo, has to say about garnishment cases.
How does wage garnishment work?
Getting a garnishment in place is a lengthy process. A creditor must first sue the client for nonpayment, and if they win, they will be granted a judgment that allows them to garnish part of the debtor’s wages. But that’s easier said than done. After the judgment has been passed, the creditor must file the papers, which will have to circulate through the court system before eventually being served to the employer. Therefore, it will take some time before the garnishment order is released. This can be good news to the debtor, but only if they move quickly.
How can I stop my wages from being garnished?
The most straightforward way of stopping a garnishment order is by paying the creditor in full. Once the creditor receives their debt obligation, the judgment will be fulfilled, and the wage garnishment will stop. However, we understand that this is not always a viable option for everyone. So alternatively, you can file an objection with the court or for bankruptcy protection. The first thing we clarify to our clients is that it’s not enough to just report or start your bankruptcy case. We have to file it and get a case number. Once we’ve done that, our bankruptcy attorney in Bridgeton, Mo, can then contact the plaintiff’s attorney and demand them to stop the garnishment order based on the grounds of bankruptcy. In most cases the court will issue an automatic stay order, which will temporarily stop the creditor from garnishing your wages until your case is resolved. In our experience, most garnishment objection cases get resolved before the next pay period.
Time is of the essence when attempting to stop a garnishment on your check. Therefore, it’s recommended that you consult an attorney as soon as possible to review your options. If you are facing wage garnishment or are already experiencing it, we can help. We offer free phone or in-office consultations, whereby we go through your financial goals and history to determine the best course of action for you. We are passionate about helping our clients and getting them on the path to long-term financial security and stability. Please get in touch with us at 314-370-887or click here to schedule a consultation today.